xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

E+W+S+N.I.

Civil Jurisdiction and Judgments Act 1982

1982 CHAPTER 27

An Act to make further provision about the jurisdiction of courts and tribunals in the United Kingdom and certain other territories and about the recognition and enforcement of judgments given in the United Kingdom or elsewhere; to provide for the modification of certain provisions relating to legal aid; and for connected purposes.

[13th July 1982]

Annotations:

Modifications etc. (not altering text)

Part IE+W+S+N.I. Implementation of the Conventions

Main implementing provisionsE+W+S+N.I.

1 Interpretation of references to the Conventions and Contracting States.E+W+S+N.I.

(1)In this Act—

(2)In this Act, unless the context otherwise requires—

[F10(a)references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to that Convention, Protocol or provision as amended by the Accession Convention and the 1982 Accession Convention [F11, the 1989 Accession Convention and the 1996 Accession Convention]; and]

(aa)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(b)any reference in any provision to a numbered Article without more is a reference—

(i)to the Article so numbered of the 1968 Convention, in so far as the provision applies in relation to that Convention, and

(ii)to the Article so numbered of the Lugano Convention, in so far as the provision applies in relation to that Convention,

and any reference to a sub-division of a numbered Article shall be construed accordingly.]

[F14(3)[F15In this Act—

(4)Any question arising as to whether it is the Regulation, any of the Brussels Conventions, or the Lugano Convention which applies in the circumstances of a particular case shall be determined as follows—

(a)in accordance with [F21Article 64] of the Lugano Convention (which determines the relationship between the Brussels Conventions and the Lugano Convention); and

(b)in accordance with Article 68 of the Regulation (which determines the relationship between the Brussels Conventions and the Regulation).

Annotations:

Amendments (Textual)

F1Definition in s. 1(1) inserted by S.I. 1989/1346, art. 3

F2Definition in s. 1(1) inserted (1.10.1991) by S.I. 1990/2591, art. 3.

F3S. 1(1): definition of "the 1996 Accession Convention" inserted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 3(a)

F4Definition in s. 1(1) substituted (1.10.1991) by S.I. 1990/2591, art. 4

F5Words in s. 1(1) substituted (1.5.1992) by virtue of Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s. 2(2), (with s. 4); S.I. 1992/745, art. 2

F6S. 1(1): words in definition of "the Brussels Conventions" substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 3(b)

F7S. 1(1): definition of "the Lugano Convention" substituted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 3(2) (with reg. 48)

F9S. 1(1): definition of "the Regulation" substituted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), reg. 2(2)

F10S. 1(2)(a) substituted (1.10.1991) by S.I. 1990/2591, art. 5

F14S. 1(3) substituted (1.10.1991) by S.I. 1990/2591, art. 6

F15Words in s. 1(3) substituted (1.5.1992) by virtue of Civil Jurisdiction and Judgments Act 1991 (c. 12, SIF 45:3), s.2(5), (with s. 4); S.I. 1992/745, art. 2

F16S. 1(3): words in definition of "Contracting State" substituted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 3(4)(a) (with reg. 48)

F17S. 1(3): definition of "Brussels Contracting State" substituted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), reg. 2(3)(a)

F19S. 1(3): definition of "Lugano Contracting State" substituted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 3(4)(b) (with reg. 48)

F20S. 1(3): definition of "Regulation State" substituted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), reg. 2(3)(b)

Marginal Citations

M1OJ No. L339, 21.12.2007 at p.3.

2 The [F22Brussels Conventions] to have the force of law.E+W+S+N.I.

(1) The [F22Brussels Conventions] shall have the force of law in the United Kingdom, and judicial notice shall be taken of them.

[F23(2)For convenience of reference there are set out in Schedules 1, 2, 3, 3A [F24, 3B and 3C] respectively the English texts of—

(a)the 1968 Convention as amended by Titles II and III of the Accession Convention and by Titles II and III of the 1982 Accession Convention F25. . . by Titles II and III of, and Annex I(d) to, the 1989 Accession Convention [F26and by Titles II and III of the 1996 Accession Convention];

(b)the 1971 Protocol as amended by Title IV of the Accession Convention, by Title IV of the 1982 Accession Convention F25. . . by Title IV of the 1989 Accession Convention [F27and by Title IV of the 1996 Accession Convention];

(c)Titles V and VI of the Accession Convention (transitional and final provisions) as amended by Title V of the 1989 Accession Convention;

(d)Titles V and VI of the 1982 Accession Convention (transitional and final provisions); and

(e)Titles VI and VII of the 1989 Accession Convention (transitional and final provisions),

[F28(f)Titles V and VI of the 1996 Accession Convention (transitional and final provisions),]

being texts prepared from the authentic English texts referred to in Articles 37 and 41 of the Accession Convention, in Article 17 of the 1982 Accession Convention [F29, in Article 34 of the 1989 Accession Convention and in Article 18 of the 1996 Accession Convention].]

3 Interpretation of the [F30Brussels Conventions].E+W+S+N.I.

(1)Any question as to the meaning or effect of any provision of the [F30Brussels Conventions] shall, if not referred to the European Court in accordance with the 1971 Protocol, be determined in accordance with the principles laid down by and any relevant decision of the European Court.

(2)Judicial notice shall be taken of any decision of, or expression of opinion by, the European Court on any such question.

(3)Without prejudice to the generality of subsection (1), the following reports (which are reproduced in the Official Journal of the Communities), namely—

(a)the M2reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol; and

(b)the M3report by Professor Peter Schlosser on the Accession Convention [F31; and

(c)the report by Professor Demetrios I. Evrigenis and Professor K. D. Kerameus on the 1982 Accession Convention][F32; and

(d)the report by Mr. Martinho de Almeida Cruz, Mr. Manuel Desantes Real and Mr. P. Jenard on the 1989 Accession Convention,]

may be considered in ascertaining the meaning or effect of any provision of the [F30Brussels Conventions] and shall be given such weight as is appropriate in the circumstances.

Annotations:

Amendments (Textual)

F31S. 3(3)(c) and preceding word inserted by S.I. 1989/1346, art. 8

F32S. 3(3)(d) and preceding word inserted (1.10.1991) by S.I. 1990/2591, art. 8

Marginal Citations

M2O.J.1979 No. C59/1 and 66.

M3O.J.1979 No. C59/71.

3A The Lugano Convention to have the force of law.E+W+S+N.I.

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

3B Interpretation of the Lugano Convention.E+W+S+N.I.

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Supplementary provisions as to recognition and enforcement of judgmentsE+W+S+N.I.

4 Enforcement of judgments other than maintenance orders.E+W+S+N.I.

(1)A judgment, other than a maintenance order, which is the subject of an application under Article 31 [F35of the 1968 Convention F36. . . ] for its enforcement in any part of the United Kingdom shall, to the extent that its enforcement is authorised by the appropriate court, be registered in the prescribed manner in that court.

In this subsection “the appropriate court” means the court to which the application is made in pursuance of Article 32 (that is to say, the High Court or the Court of Session).

(2)Where a judgment is registered under this section, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(3)A judgment registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

(4)Subsection (3) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under this section may be enforced.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C2S. 4 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2.

[F374AEnforcement of judgments, other than maintenance orders, under the Lugano ConventionE+W+S+N.I.

(1)Where a judgment, other than a maintenance order, is registered under the Lugano Convention, the reasonable costs or expenses of and incidental to its registration shall be recoverable as if they were sums recoverable under the judgment.

(2)A judgment other than a maintenance order registered under the Lugano Convention shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the judgment had been originally given by the registering court and had (where relevant) been entered.

(3)Subsection (2) is subject to Article 47(3) of the Lugano Convention (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 (interest on registered judgments) and to any provision made by rules of court as to the manner in which and conditions subject to which a judgment registered under the Lugano Convention may be enforced.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

5 Recognition and enforcement of maintenance orders.E+W+S+N.I.

(1)The function of transmitting to the appropriate court an application under Article 31 [F38of the 1968 Convention F39. . . ] for the recognition or enforcement in the United Kingdom of a maintenance order shall be discharged—

[F40(a)as respects England and Wales F41. . . , by the Lord Chancellor; and

(b)as respects Scotland, by the Secretary of State][F42; and

(c)as respects Northern Ireland, by the Department of Justice in Northern Ireland.]

In this subsection “the appropriate court” means the magistrates’ court or sheriff court having jurisdiction in the matter in accordance with the second paragraph of Article 32.

(2)Such an application shall be determined in the first instance by the prescribed officer of that court.

(3)Where on such an application the enforcement of the order is authorised to any extent, the order shall to that extent be registered in the prescribed manner in that court.

(4)A maintenance order registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the order had been originally made by the registering court.

(5)Subsection (4) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under this section may be enforced.

[F43(5A)A maintenance order which by virtue of this section is enforceable by a magistrates’ court in England and Wales [F44shall, subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 specified in subsections (5B) and (5C) below, be enforceable] in the same manner as a magistrates’ court maintenance order made by that court.

In this subsection “magistrates’ court maintenance order” has the same meaning as in section 150(1) of the M4Magistrates’ Courts Act 1980.]

[F45(5B)Section 76 (enforcement of sums adjudged to be paid) shall have effect as if for subsections (4) to (6) there were substituted the following subsections—

(4)Where proceedings are brought for the enforcement of a magistrates’ court maintenance order under this section, the court may vary the order by exercising one of its powers under subsection (5) below.

(5)The powers of the court are—

(a)the power to order that payments under the order be made directly to [F46the designated officer for the court or for any other magistrates' court];

(b)the power to order that payments under the order be made to [F46the designated officer for the court or for any other magistrates' court] by such method of payment falling within section 59(6) above (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under the M5Attachment of Earnings Act 1971 to secure payments under the order.

(6)In deciding which of the powers under subsection (5) above it is to exercise, the court shall have regard to any representations made by the debtor (within the meaning of section 59 above).

(7)Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (5) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

(a)the court proposes to exercise its power under paragraph (b) of section 76(5) below, and

(5C)In section 93 (complaint for arrears), subsection (6) (court not to impose imprisonment in certain circumstances) shall have effect as if for paragraph (b) there were substituted—

(b)if the court is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to exercise its power under paragraph (b) of section 76(5) above.]

(6)A maintenance order which by virtue of this section is enforceable by a magistrates’ court in [F47England and Wales or] Northern Ireland [F48shall, subject to the modifications of Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in subsection (6A) below, be enforceable][F49as an order made by that court to which that article applies].

[F50(6A)Article 98 (enforcement of sums adjudged to be paid) shall have effect—

(a)as if for paragraph (7)(a) there were substituted the following paragraph—

(a) “if the court is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to exercise its power under paragraph (8C)(b);

(b)as if for paragraphs (8B) to (8D) there were substituted the following paragraphs—

(8B)Upon the appearance of a person or proof of service of the summons on him as mentioned in paragraph (4) for the enforcement of an order to which this Article applies, the court or resident magistrate may vary the order by exercising one of the powers under paragraph (8C).

(8C)The powers mentioned in paragraph (8B) are—

(a)the power to order that payments under the order be made directly to the collecting officer;

(b)the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under Part IX to secure payments under the order.

(8D)In deciding which of the powers under paragraph (8C) is to be exercised, the court or, as the case may be, a resident magistrate shall have regard to any representations made by the debtor (within the meaning of Article 85).

(8E)Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (8C) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

(a)the court proposes to exercise its power under sub-paragraph (b) of Article 98(8C), and]

(7)The payer under a maintenance order registered under this section in a magistrates’ court in England and Wales or Northern Ireland shall give notice of any change of address to the [F51proper officer] of that court.

A person who without reasonable excuse fails to comply with this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F52level 2 on the standard scale].

[F53(8)In subsection (7) “proper officer” means—

(a)in relation to a magistrates’ court in England and Wales, the [F54designated officer] for the court; and

(b)in relation to a magistrates’ court in Northern Ireland, the clerk of the court.]

Annotations:

Amendments (Textual)

F40S. 5(1)(a)(b) substituted (1.4.1992) by S.I. 1992/709, art. 4(7) (with art. 5(2))

Modifications etc. (not altering text)

C4S. 5 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 3.

C5S. 5(1): functions of the Secretary of State as respects England and Wales transferred (1.4.1992) to the Lord Chancellor by S.I. 1992/709, art. 4(6)(a)(b) (with art. 5(2))

Marginal Citations

[F555ARecognition and enforcement of maintenance orders under the Lugano ConventionE+W+S+N.I.

(1)The Secretary of State's function (under Article 39 and Annex II of the Lugano Convention) of transmitting to the appropriate court an application for the recognition or enforcement in the United Kingdom of a maintenance order (made under Article 38 of the Lugano Convention) shall be discharged—

(a)as respects England and WalesF56. . . , by the Lord Chancellor; and

(b)as respects Scotland, by the Scottish Ministers [F57; and

(c)as respects Northern Ireland, by the Department of Justice in Northern Ireland].

In this subsection “the appropriate court” means the magistrates' court or sheriff court having jurisdiction in the matter in accordance with the second paragraph of Article 39.

(2)Such an application shall be determined in the first instance by the prescribed officer of the court having jurisdiction in the matter.

(3)A maintenance order registered under the Lugano Convention shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the order had been made by the registering court.

(4)Subsection (3) is subject to Article 47 of the Lugano Convention (restriction on enforcement where appeal pending or time for appeal unexpired), to subsection (6) and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under the Lugano Convention may be enforced.

(5)A maintenance order which by virtue of the Lugano Convention is enforceable by a magistrates' court in England and Wales shall, subject to the modifications of sections 76 and 93 of the Magistrates' Courts Act 1980 specified in sections 5(5B) and 5(5C) of the Act, be enforceable in the same manner as a magistrates' court maintenance order made by that court.

In this subsection “magistrates' court maintenance order” has the same meaning as in section 150(1) of the Magistrates' Courts Act 1980.

(6)A maintenance order which by virtue of the Lugano Convention is enforceable by a magistrates' court in Northern Ireland shall, subject to the modifications of Article 98 of the Magistrates' Courts (Northern Ireland) Order 1981 specified in section 5(6A) of this Act, be enforceable as an order made by that court to which that Article applies.

(7)The payer under a maintenance order registered under the Lugano Convention in a magistrates' court in England and Wales or Northern Ireland shall give notice of any change of address to the proper officer of that court.

(8)A person who without reasonable excuse fails to comply with subsection (7) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(9)In subsection (7) “proper officer” means—

(a)in relation to a magistrates' court in England and Wales, the designated officer; and

(b)in relation to a magistrates' court in Northern Ireland, the clerk of the court.]

6 Appeals under Article 37, second paragraph and Article 41.E+W+S+N.I.

(1)The single further appeal on a point of law referred to [F58in the 1968 Convention F59. . . ] in Article 37, second paragraph and Article 41 in relation to the recognition or enforcement of a judgment other than a maintenance order lies—

(a)in England and Wales or Northern Ireland, to the Court of Appeal or to the [F60Supreme Court] in accordance with Part II of the M6Administration of Justice Act 1969 (appeals direct from the High Court to the [F60Supreme Court]);

(b)in Scotland, to the Inner House of the Court of Session.

(2)Paragraph (a) of subsection (1) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to [F61the Supreme Court] in cases where no appeal to [F61the Supreme Court] lies from a decision of the Court of Appeal).

(3)The single further appeal on a point of law referred to [F62in [F63the 1968 Convention]] in Article 37, second paragraph and Article 41 in relation to the recognition or enforcement of a maintenance order lies—

(a)in England and Wales, [F64to a county court in accordance with section 111A] of the M7Magistrates’ Courts Act 1980;

(b)in Scotland, to the Inner House of the Court of Session;

(c)in Northern Ireland, to the Court of Appeal.

[F656AAppeals under Article 44 and Annex IV of the Lugano ConventionE+W+S+N.I.

(1)The single further appeal on a point of law referred to in Article 44 and Annex IV of the Lugano Convention in relation to the recognition or enforcement of a judgment other than a maintenance order lies—

(a)in England and Wales or Northern Ireland, to the Court of Appeal or to the Supreme Court in accordance with Part II of the Administration of Justice Act 1969 (appeals direct from the High Court to the Supreme Court);

(b)in Scotland, to the Inner House of the Court of Session.

(2)Paragraph (a) of subsection (1) has effect notwithstanding section 15(2) of the Administration of Justice Act 1969 (exclusion of direct appeal to the Supreme Court in cases where no appeal to that House lies from a decision of the Court of Appeal).

(3)The single further appeal on a point of law referred to in Article 44 and Annex IV of the Lugano Convention in relation to the recognition or enforcement of a maintenance order lies—

(a)in England and Wales, to a county court in accordance with section 111A of the Magistrates' Courts Act 1980;

(b)in Scotland, to the Inner House of the Court of Session;

(c)in Northern Ireland, to the Court of Appeal.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

7 Interest on registered judgments.E+W+S+N.I.

(1)Subject to subsection (4), where in connection with an application for registration of a judgment under section [F664, 4A, 5 or 5A] the applicant shows—

(a)that the judgment provides for the payment of a sum of money; and

(b)that in accordance with the law of the Contracting State in which the judgment was given interest on that sum is recoverable under the judgment from a particular date or time,

the rate of interest and the date or time from which it is so recoverable shall be registered with the judgment and, subject to any provision made under subsection (2), the debt resulting, apart from section 4(2), from the registration of the judgment shall carry interest in accordance with the registered particulars.

(2)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(3)Costs or expenses recoverable by virtue of section 4(2) shall carry interest as if they were the subject of an order for the payment of costs or expenses made by the registering court on the date of registration.

(4)Interest on arrears of sums payable under a maintenance order registered under section 5 in a magistrates’ court in England and Wales or Northern Ireland shall not be recoverable in that court, but without prejudice to the operation in relation to any such order of section 2A of the M8Maintenance Orders Act 1958 or section 11A of the M9Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (which enable interest to be recovered if the order is re-registered for enforcement in the High Court).

(5)Except as mentioned in subsection (4), debts under judgments registered under section [F674, 4A, 5 or 5A] shall carry interest only as provided by this section.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C10S. 7(1)-(3)(5) applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 2(1).

S. 7(1)(2)(4)(5) applied (1.4.1993) by S.I. 1993/604, art. 3(1).

Marginal Citations

8 Currency of payment under registered maintenance orders.E+W+S+N.I.

(1)Sums payable in the United Kingdom under a maintenance order by virtue of its registration under section 5 [F68or 5A], including any arrears so payable, shall be paid in the currency of the United Kingdom.

(2)Where the order is expressed in any other currency, the amounts shall be converted on the basis of the exchange rate prevailing on the date of registration of the order.

(3)For the purposes of this section, a written certificate purporting to be signed by an officer of any bank in the United Kingdom and stating the exchange rate prevailing on a specified date shall be evidence, and in Scotland sufficient evidence, of the facts stated.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C12S. 8 applied (1.4.1993) by S.I. 1993/604, art. 3(1).

Other supplementary provisionsE+W+S+N.I.

9 Provisions supplementary to Title VII of 1968 Convention.E+W+S+N.I.

(1)The provisions of Title VII of the 1968 Convention [F69and, apart from [F70Article 64], of Title VII of the Lugano Convention] (relationship between [F71the Convention in question] and other conventions to which Contracting States are or may become parties) shall have effect in relation to—

(a)any statutory provision, whenever passed or made, implementing any such other convention in the United Kingdom; and

(b)any rule of law so far as it has the effect of so implementing any such other convention,

as they have effect in relation to that other convention itself.

F72(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.E+W+S+N.I.

(1)The provisions of this section have effect for the purpose of allocating within the United Kingdom jurisdiction in certain proceedings in respect of which the 1968 Convention [F74or the Lugano Convention] confers jurisdiction on the courts of the United Kingdom generally and to which section 16 does not apply.

(2)Any proceedings which by virtue of Article 5(6) (trusts) are brought in the United Kingdom shall be brought in the courts of the part of the United Kingdom in which the trust is domiciled.

(3)Any proceedings which by virtue of the first paragraph of Article 14 [F75of the 1968 Convention or Article 16(1) of the Lugano Convention] (consumer contracts) are brought in the United Kingdom by a consumer on the ground that he is himself domiciled there shall be brought in the courts of the part of the United Kingdom in which he is domiciled.

11 Proof and admissibility of certain judgments and related documents.E+W+S+N.I.

(1)For the purposes of the 1968 Convention F76. . . —

(a)a document, duly authenticated, which purports to be a copy of a judgment given by a court of a Contracting State other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and

(b)the original or a copy of any such document as is mentioned in Article 46(2) or 47 (supporting documents to be produced by a party seeking recognition or enforcement of a judgment) shall be evidence, and in Scotland sufficient evidence, of any matter to which it relates.

(2)A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

(a)to bear the seal of that court; or

(b)to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a judgment given by that court.

(3)Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C14S. 11 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 4.

[F7711AProof and admissibility of certain judgments and related documents for the purposes of the Lugano ConventionE+W+S+N.I.

(1)For the purposes of the Lugano Convention—

(a)a document, duly authenticated, which purports to be a copy of a judgment given by a court of a State bound by the Lugano Convention other than the United Kingdom shall without further proof be deemed to be a true copy, unless the contrary is shown; and

(b)a certificate obtained in accordance with Article 54 and Annex V shall be evidence, and in Scotland sufficient evidence, that the judgment is enforceable in the State of origin which is bound by the Lugano Convention.

(2)A document purporting to be a copy of a judgment given by any such court as is mentioned in subsection (1)(a) is duly authenticated for the purposes of this section if it purports—

(a)to bear the seal of that court; or

(b)to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a judgment given by that court.

(3)Nothing in this section shall prejudice the admission in evidence of any document which is admissible apart from this section.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

12 Provision for issue of copies of, and certificates in connection with, U.K. judgments.E+W+S+N.I.

Rules of court may make provision for enabling any interested party wishing to secure under the 1968 Convention [F78or the Lugano Convention] the recognition or enforcement in another Contracting State of a judgment given by a court in the United Kingdom to obtain, subject to any conditions specified in the rules—

(a)a copy of the judgment; and

(b)a certificate giving particulars relating to the judgment and the proceedings in which it was given.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C16S. 12 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 5.

13 Modifications to cover authentic instruments and court settlements.E+W+S+N.I.

(1)Her Majesty may by Order in Council provide that—

(a)any provision of this Act relating to the recognition or enforcement in the United Kingdom or elsewhere of judgments to which the 1968 Convention F79. . . applies; and

(b)any other statutory provision, whenever passed or made, so relating,

shall apply, with such modifications as may be specified in the Order, in relation to documents and settlements within Title IV of the 1968 Convention F79. . . (authentic instruments and court settlements enforceable in the same manner as judgments) as if they were judgments to which [F80the Convention in question] applies.

(2)An Order in Council under this section may make different provision in relation to different descriptions of documents and settlements.

(3)Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

14 Modifications consequential on revision of the Conventions.E+W+S+N.I.

(1)If at any time it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom have agreed to a revision of [F81F82. . . any of the Brussels Conventions], including in particular any revision connected with the accession to F82. . . the 1968 Convention of one or more further states, Her Majesty may by Order in Council make such modifications of this Act or any other statutory provision, whenever passed or made, as Her Majesty considers appropriate in consequence of the revision.

(2)An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

(3)In this section “revision” means an omission from, addition to or alteration of any of the Conventions and includes replacement of [F81F82. . . any of the Brussels Conventions] to any extent by another convention, protocol or other description of international agreement.

15 Interpretation of Part I and consequential amendments.E+W+S+N.I.

(1)In this Part, unless the context otherwise requires—

(2)References in this Part to a judgment registered under [F85sections 4, 4A, 5 or 5A] include, to the extent of its registration, references to a judgment so registered to a limited extent only.

(3)Anything authorised or required by the 1968 Convention [F86the Lugano Convention] or this Part to be done by, to or before a particular magistrates’ court may be done by, to or before any magistrates’ court acting [F87in the same local justice area (or, in Northern Ireland, for the same] petty sessions district) as that court.

X1(4)The enactments specified in Part I of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this Part.

Annotations:

Editorial Information

X1The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Amendments (Textual)

Modifications etc. (not altering text)

C17S. 15(2)(3) applied (1.4.1993) by S.I. 1993/604, art. 6.

Part IIE+W+S+N.I. Jurisdiction, and Recognition and Enforcement of Judgments, within United Kingdom

16 Allocation within U.K. of jurisdiction in certain civil proceedings.E+W+S+N.I.

(1)The provisions set out in Schedule 4 (which contains a modified version of [F88Chapter II of the Regulation]) shall have effect for determining, for each part of the United Kingdom, whether the courts of law of that part, or any particular court of law in that part, have or has jurisdiction in proceedings where—

[F89(a)the subject-matter of the proceedings is within the scope of the Regulation as determined by Article 1 of the Regulation (whether or not the Regulation has effect in relation to the proceedings); and]

(b)the defendant or defender is domiciled in the United Kingdom or the proceedings are of a kind mentioned in [F90Article 22 of the Regulation] (exclusive jurisdiction regardless of domicile).

F91(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In determining any question as to the meaning or effect of any provision contained in Schedule 4—

(a)regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention [F92or Chapter II of the Regulation] and to any relevant decision of that court as to the meaning or effect of any provision of that Title [F93or that Chapter]; and

(b)without prejudice to the generality of paragraph (a), the reports mentioned in section 3(3) may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

(4)The provisions of this section and Schedule 4 shall have effect subject to [F94the Regulation [F95, Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011],] the 1968 Convention [F96and the Lugano Convention] and to the provisions of section 17.

X2(5)In section 15(1)(a) of the M10Maintenance Orders Act 1950 (domestic proceedings in which initial process may be served in another part of the United Kingdom), after sub-paragraph (v) there shall be added—

(vi)Article 5(2) of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982 ; or.

Annotations:

Editorial Information

X2The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Amendments (Textual)

F88Words in s. 16(1) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(i) (with transitional provisions in art. 6)

F89S. 16(1)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(ii) (with transitional provisions in art. 6)

F90Words in s. 16(1)(b) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(a)(iii) (with transitional provisions in art. 6)

F91S. 16(2) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(b) (with transitional provisions in art. 6)

F92Words in s. 16(3)(a) substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(c)(i) (with transitional provisions in art. 6)

F93Words in s. 16(3)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(c)(ii) (with transitional provisions in art. 6)

F94Words in s. 16(4) inserted (25.1.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 3(d) (with transitional provisions in art. 6)

Marginal Citations

17 Exclusion of certain proceedings from Schedule 4.E+W+S+N.I.

(1)Schedule 4 shall not apply to proceedings of any description listed in Schedule 5 or to proceedings in Scotland under any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds.

(2)Her Majesty may by Order in Council—

(a)add to the list in Schedule 5 any description of proceedings in any part of the United Kingdom; and

(b)remove from that list any description of proceedings in any part of the United Kingdom (whether included in the list as originally enacted or added by virtue of this subsection).

(3)An Order in Council under subsection (2)—

(a)may make different provisions for different descriptions of proceedings, for the same description of proceedings in different courts or for different parts of the United Kingdom; and

(b)may contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.

(4)An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations:

Modifications etc. (not altering text)

18 Enforcement of U.K. judgments in other parts of U.K.E+W+S+N.I.

(1)In relation to any judgment to which this section applies—

(a)Schedule 6 shall have effect for the purpose of enabling any money provisions contained in the judgment to be enforced in a part of the United Kingdom other than the part in which the judgment was given; and

(b)Schedule 7 shall have effect for the purpose of enabling any non-money provisions so contained to be so enforced.

(2)In this section “judgment” means any of the following (references to the giving of a judgment being construed accordingly)—

(a)any judgment or order (by whatever name called) given or made by a court of law in the United Kingdom;

(b)any judgment or order not within paragraph (a) which has been entered in England and Wales or Northern Ireland in the High Court or a county court;

(c)any document which in Scotland has been registered for execution in the Books of Council and Session or in the sheriff court books kept for any sheriffdom;

(d)any award or order made by a tribunal in any part of the United Kingdom which is enforceable in that part without an order of a court of law;

(e)an arbitration award which has become enforceable in the part of the United Kingdom in which it was given in the same manner as a judgment given by a court of law in that part;

[F97(f)an order made, or a warrant issued, under Part 8 of the Proceeds of Crime Act 2002 for the purposes of a civil recovery investigation [F98or a detained cash investigation] within the [F99meanings] given by section 341 of that Act;]

and, subject to the following provisions of this section, this section applies to all such judgments.

(3)Subject to subsection (4), this section does not apply to—

(a)a judgment given in proceedings in a magistrates’ court in England and Wales or Northern Ireland;

(b)a judgment given in proceedings other than civil proceedings;

[F100(ba)a judgment given in the exercise of jurisdiction in relation to insolvency law, within the meaning of section [F101426 of the Insolvency Act 1986];]

(c)a judgment given in proceedings relating to—

F102(i)(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)the obtaining of title to administer the estate of a deceased person;

[F103(d)an order made under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (confiscation).]

(4)This section applies, whatever the nature of the proceedings in which it is made, to—

(a)a decree issued under section 13 of the M11Court of Exchequer (Scotland) Act 1856 (recovery of certain rent-charges and penalties by process of the Court of Session);

(b)an order which is enforceable in the same manner as a judgment of the High Court in England and Wales by virtue of section 16 of the M12Contempt of Court Act 1981 or section 140 of the M13[F104Senior Courts Act 1981] (which relate to fines for contempt of court and forfeiture of recognisances).

[F105(4A)This section does not apply as respects—

(a)the enforcement in Scotland of orders made by the High Court or a county court in England and Wales under or for the purposes of Part VI of the Criminal Justice Act 1988 or the Drug Trafficking Act 1994 (confiscation of the proceeds of certain offences or of drug trafficking); or

(b)the enforcement in England and Wales of orders made by the Court of Session under or for the purposes of [F106the Proceeds of Crime (Scotland) Act 1995]]

(5)This section does not apply to so much of any judgment as—

(a)is an order to which section 16 of the M14Maintenance Orders Act 1950 applies (and is therefore an order for whose enforcement in another part of the United Kingdom provision is made by Part II of that Act);

(b)concerns the status or legal capacity of an individual;

(c)relates to the management of the affairs of a person not capable of managing his own affairs;

(d)is a provisional (including protective) measure other than an order for the making of an interim payment;

and except where otherwise stated references to a judgment to which this section applies are to such a judgment exclusive of any such provisions.

(6)The following are within subsection (5)(b), but without prejudice to the generality of that provision—

(a)a decree of judicial separation or of separation;

[F107(b)any order which is a Part I order for the purposes of The Family Law Act 1986.]

(7)This section does not apply to a judgment of a court outside the United Kingdom which falls to be treated for the purposes of its enforcement as a judgment of a court of law in the United Kingdom by virtue of registration under Part II of the M15Administration of Justice Act 1920, Part I of the M16Foreign Judgments (Reciprocal Enforcement) Act 1933, Part I of the M17Maintenance Orders (Reciprocal Enforcement) Act 1972 or section 4 or 5 of this Act [F108or by virtue of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.]

(8)A judgment to which this section applies, other than a judgment within paragraph (e) of subsection (2), shall not be enforced in another part of the United Kingdom except by way of registration under Schedule 6 or 7.

Annotations:

Amendments (Textual)

F105S. 18(4A) substituted (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 6

F106Words in s. 18(4A) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 42

F107S. 18(6)(b) beginning “any order" substituted (14.10.1991) for s. 18(6)(b) beginning “any provision" by Courts and Legal Services Act 1990 (c. 41, SIF 76), ss. 116, 123(4), Sch. 16 para. 41; S.I. 1991/1883, art. 3 Sch.

Modifications etc. (not altering text)

C19S. 18: power to exclude conferred (1.12.1993) (by adding 1991 c. 24, Sch. 4 para. 19(4)), by 1993 c. 36, s. 46 (with s. 78(6)); S.I. 1993/2734, art. 2, Sch.

S. 18: power to restrict conferred (E.W.)(3.2.1995) by 1994 c. 37, S. 38(4)

S. 18: power to exclude conferred (S.)(1.4.1996) by 1995 c. 43, s. 39(4)

S. 18: power to exclude conferred (N.I.)(25.8.1996) by 1996/1299(NI9), art. 3(3)

C20S. 18(7) extended (1.4.1993) by S.I. 1993/604, art. 7.

S. 18 excluded (EW)(1.9.1995) by 1995/1967, art. 2(2)

S. 18 excluded (EW)(1.9.1995) by 1995/1968, art. 2(2)

S. 18 excluded (S.)(1.5.1998) by 1998/752, art. 3(3)

S. 18(7) extended (1.3.2002) by S.I. 2001/3928, art. 3

Marginal Citations

19 Recognition of U.K. judgments in other parts of U.K.E+W+S+N.I.

(1)A judgment to which this section applies given in one part of the United Kingdom shall not be refused recognition in another part of the United Kingdom solely on the ground that, in relation to that judgment, the court which gave it was not a court of competent jurisdiction according to the rules of private international law in force in that other part.

(2)Subject to subsection (3), this section applies to any judgment to which section 18 applies.

(3)This section does not apply to—

(a)the documents mentioned in paragraph (c) of the definition of “judgment” in section 18(2);

(b)the awards and orders mentioned in paragraphs (d) and (e) of that definition;

(c)the decrees and orders referred to in section 18(4).

Part IIIE+W+S+N.I. Jurisdiction in Scotland

20 Rules as to jurisdiction in Scotland.E+W+S+N.I.

(1)Subject to [F109the Regulation, to] Parts I and II and to the following provisions of this Part, Schedule 8 has effect to determine in what circumstances a person may be sued in civil proceedings in the Court of Session or in a sheriff court.

(2)Nothing in Schedule 8 affects the competence as respects subject-matter or value of the Court of Session or of the sheriff court.

(3)Section 6 of the M18Sheriff Courts (Scotland) Act 1907 shall cease to have effect

[F110(a)]to the extent that it determines jurisdiction in relation to any matter to which Schedule 8 applies [F111; and

(b)to the extent that it relates to any matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.]

F112(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In determining any question as to the meaning or effect of any provision contained in Schedule 8 F113 . . .—

(a)regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention [F114or Chapter II of the Regulation] and to any relevant decision of that court as to the meaning or effect of any provision of that Title [F115or that Chapter]; and

(b)without prejudice to the generality of paragraph (a), the reports mentioned in section 3(3) may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.

Annotations:

Amendments (Textual)

F109Words in s. 20(1) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(a) (with transitional provisions in art. 6)

F112S. 20(4) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(b) (with transitional provisions in art. 6)

F113Words in s. 20(5) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(i) (with transitional provisions in art. 6)

F114Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(ii) (with transitional provisions in art. 6)

F115Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(iii) (with transitional provisions in art. 6)

Marginal Citations

21 Continuance of certain existing jurisdictions.E+W+S+N.I.

(1)Schedule 8 does not affect—

(a)the operation of any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds;

(b)without prejudice to the foregoing generality, the jurisdiction of any court in respect of any matter mentioned in Schedule 9.

(2)Her Majesty may by Order in Council—

(a)add to the list in Schedule 9 any description of proceedings; and

(b)remove from that list any description of proceedings (whether included in the list as originally enacted or added by virtue of this subsection).

(3)An Order in Council under subsection (2) may—

(a)make different provision for different descriptions of proceedings or for the same description of proceedings in different courts; and

(b)contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.

(4)An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations:

Modifications etc. (not altering text)

22 Supplementary provisions.E+W+S+N.I.

(1)Nothing in Schedule 8 shall prevent a court from declining jurisdiction on the ground offorum non conveniens.

(2)Nothing in Schedule 8 affects the operation of any enactment or rule of law under which a court may decline to exercise jurisdiction because of the prorogation by parties of the jurisdiction of another court.

(3)For the avoidance of doubt, it is declared that nothing in Schedule 8 affects thenobile officium of the Court of Session.

(4)Where a court has jurisdiction in any proceedings by virtue of Schedule 8, that court shall also have jurisdiction to determine any matter which—

(a)is ancilliary or incidental to the proceedings; or

(b)requires to be determined for the purposes of a decision in the proceedings.

23 Savings and consequential amendments.E+W+S+N.I.

(1)Nothing in Schedule 8 shall affect—

(a)the power of any court to vary or recall a maintenance order granted by that court;

(b)the power of a sheriff court under section 22 of the M19Maintenance Orders Act 1950 (discharge and variation of maintenance orders registered in sheriff courts) to vary or discharge a maintenance order registered in that court under Part II of that Act; or

(c)the power of a sheriff court under section 9 of the M20Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of maintenance orders registered in United Kingdom courts) to vary or revoke a registered order within the meaning of Part I of that Act.

X3(2)The enactments specified in Part II of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on Schedule 8.

Annotations:

Editorial Information

X3The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Part IVE+W+S+N.I. Miscellaneous Provisions

Provisions relating to jurisdictionE+W+S+N.I.

24 Interim relief and protective measures in cases of doubtful jurisdiction.E+W+S+N.I.

(1)Any power of a court in England and Wales or Northern Ireland to grant interim relief pending trial or pending the determination of an appeal shall extend to a case where—

(a)the issue to be tried, or which is the subject of the appeal, relates to the jurisdiction of the court to entertain the proceedings; or

(b)the proceedings involve the reference of any matter to the European Court under the 1971 Protocol [F116; or

(c)the proceedings involve a reference of any matter relating to the Regulation [F117or the Lugano Convention] to the European Court under Article 68 of the Treaty establishing the European Community][F118; or

(d)the proceedings involve a reference of any matter relating to the Maintenance Regulation to the European Court under Article 267 of the Treaty on the Functioning of the European Union M21.]

(2)Any power of a court in Scotland to grant protective measures pending the decision of any hearing shall apply to a case where—

(a)the subject of the proceedings includes a question as to the jurisdiction of the court to entertain them; or

(b)the proceedings involve the reference of a matter to the European Court under the 1971 Protocol [F119; or

(c)the proceedings involve a reference of any matter relating to the Regulation [F120or the Lugano Convention] to the European Court under Article 68 of the Treaty establishing the European Community][F121; or

(d)the proceedings involve a reference of any matter relating to the Maintenance Regulation to the European Court under Article 267 of the Treaty on the Functioning of the European Union.]

(3)Subsections (1) and (2) shall not be construed as restricting any power to grant interim relief or protective measures which a court may have apart from this section.

Annotations:

Amendments (Textual)

F116S. 24(1)(c) and the preceding word “or” inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 9(a)

F119S. 24(2)(c) and the preceding word “or” inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 9(b)

Marginal Citations

M21O.J. No. C 83, 30.3.2010, p.1.

25 Interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings.E+W+S+N.I.

(1)The High Court in England and Wales or Northern Ireland shall have power to grant interim relief where—

(a)proceedings have been or are to be commenced in a [F122Brussels [F123Contracting State or a State bound by the Lugano Convention]][F124or a Regulation State][F125or a Maintenance Regulation State] other than the United Kingdom or in a part of the United Kingdom other than that in which the High Court in question exercises jurisdiction; and

[F126(b)they are or will be proceedings whose subject-matter is either within the scope of the Regulation as determined by Article 1 of the Regulation [F127, within the scope of the Maintenance Regulation as determined by Article 1 of that Regulation] or within the scope of the Lugano Convention as determined by Article 1 of the Lugano Convention (whether or not the Regulation [F128, the Maintenance Regulation] or the Lugano Convention has effect in relation to the proceedings).]

(2)On an application for any interim relief under subsection (1) the court may refuse to grant that relief if, in the opinion of the court, the fact that the court has no jurisdiction apart from this section in relation to the subject-matter of the proceedings in question makes it inexpedient for the court to grant it.

(3)Her Majesty may by Order in Council extend the power to grant interim relief conferred by subsection (1) so as to make it exercisable in relation to proceedings of any of the following descriptions, namely—

(a)proceedings commenced or to be commenced otherwise than in a [F122Brussels [F129Contracting State or a State bound by the Lugano Convention]][F124or Regulation State][F130or a Maintenance Regulation State];

[F131(b)proceedings whose subject-matter is not within the scope F132. . . of the Regulation as determined by Article 1 of the Regulation [F133, the Maintenance Regulation as determined by Article 1 of that Regulation] or the Lugano Convention as determined by Article 1 of the Lugano Convention.]

F134(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)An Order in Council under subsection (3)—

(a)may confer power to grant only specified descriptions of interim relief;

(b)may make different provision for different classes of proceedings, for proceedings pending in different countries or courts outside the United Kingdom or in different parts of the United Kingdom, and for other different circumstances; and

(c)may impose conditions or restrictions on the exercise of any power conferred by the Order.

F135(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section “interim relief”, in relation to the High Court in England and Wales or Northern Ireland, means interim relief of any kind which that court has power to grant in proceedings relating to matters within its jurisdiction, other than—

(a)a warrant for the arrest of property; or

(b)provision for obtaining evidence.

Annotations:

Amendments (Textual)

F135S. 25(5) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4, S.I. 1996/3146, art. 3, Sch. 2

26 Security in Admiralty proceedings in England and Wales or Northern Ireland in case of stay, etc.E+W+S+N.I.

(1)Where in England and Wales or Northern Ireland a court stays or dismisses Admiralty proceedings on the ground that the dispute in question should be submitted F136 . . . to the determination of the courts of another part of the United Kingdom or of an overseas country, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest—

(a)order that the property arrested be retained as security for the satisfaction of any award or judgment which—

(i)is given in respect of the dispute in the F137 . . . legal proceedings in favour of which those proceedings are stayed or dismissed; and

(ii)is enforceable in England and Wales or, as the case may be, in Northern Ireland; or

(b)order that the stay or dismissal of those proceedings be conditional on the provision of equivalent security for the satisfaction of any such award or judgment.

(2)Where a court makes an order under subsection (1), it may attach such conditions to the order as it thinks fit, in particular conditions with respect to the institution or prosecution of the relevant F138 . . . legal proceedings.

(3)Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order made by a court under subsection (1) as would apply if it were held for the purposes of proceedings in that court.

Annotations:

Amendments (Textual)

F136Words in s. 26(1) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2

F138Words in s. 26(2) repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art. 3, Sch. 2

27 Provisional and protective measures in Scotland in the absence of substantive proceedings.E+W+S+N.I.

(1)The Court of Session may, in any case to which this subsection applies—

(a)subject to subsection (2)(c), grant a warrant for the arrestment of any assets situated in Scotland;

(b)subject to subsection (2)(c), grant a warrant of inhibition over any property situated in Scotland;

[F139(ba)subject to subsection (2)(c) below, grant a warrant for the interim attachment of corporeal moveable property situated in Scotland;] and

(c)grant interim interdict.

(2)Subsection (1) applies to any case in which—

(a)proceedings have been commenced but not concluded, or, in relation to paragraph (c) of that subsection, are to be commenced, in another [F140Brussels or Lugano Contracting State][F141, in another Regulation State][F142, in another Maintenance Regulation State] or in England and Wales or Northern Ireland;

[F143(b)the subject-matter of the proceedings is within the scope of the Regulation as determined by Article 1 of the Regulation [F144or is within the scope of the Maintenance Regulation as determined by Article 1 of that Regulation]; and]

(c)in relation to paragraphs (a) [F145, (b) and (ba)] of subsection (1), such a warrant could competently have been granted in equivalent proceedings before a Scottish court;

but it shall not be necessary, in determining whether proceedings have been commenced for the purpose of paragraph (a) of this subsection, to show that any document has been served on or notice given to the defender.

(3)Her Majesty may by Order in Council confer on the Court of Session power to do anything mentioned in subsection (1) or in section 28 in relation to proceedings of any of the following descriptions, namely—

(a)proceedings commenced otherwise than in a [F140Brussels or Lugano Contracting State][F146, Regulation State or Maintenance Regulation State];

[F147(b)proceedings whose subject-matter is not within the scope of the Regulation as determined by Article 1 of the Regulation [F148or the Maintenance Regulation as determined by Article 1 of that Regulation];]

(c)arbitration proceedings;

(d)in relation to subsection (1)(c) or section 28, proceedings which are to be commenced otherwise than in a [F140Brussels or Lugano Contracting State][F149, Regulation State or Maintenance Regulation State].

(4)An Order in Council under subsection (3)—

(a)may confer power to do only certain of the things mentioned in subsection (1) or in section 28;

(b)may make different provision for different classes of proceedings, for proceedings pending in different countries or courts outside the United Kingdom or in different parts of the United Kingdom, and for other different circumstances; and

(c)may impose conditions or restrictions on the exercise of any power conferred by the Order.

(5)Any Order in Council under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Amendments (Textual)

F141Words in s. 27(2)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 11(a)

28 Application of s. 1 of Administration of Justice (Scotland) Act 1972.E+W+S+N.I.

[F150(1)]When any proceedings have been brought, or are likely to be brought, in another [F151Brussels or Lugano Contracting State][F152, in a Regulation State] or in England and Wales or Northern Ireland in respect of any matter which is within the scope of the [F153Regulation] as determined in Article 1, the Court of Session shall have the like power to make an order under section 1 of the M22Administration of Justice (Scotland) Act 1972 [F154as amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985] as if the proceedings in question had been brought, or were likely to be brought, in that court.

[F155(2)When any proceedings have been brought or are likely to be brought in another Maintenance Regulation State or in England and Wales or Northern Ireland in respect of any matter which is within the scope of the Maintenance Regulation as determined by Article 1 of that Regulation, the Court of Session has the like power to make an order under section 1 of the Administration of Justice (Scotland) Act 1972 as if the proceedings in question had been brought, or were likely to be brought, in that court.]

29 Service of county court process outside Northern Ireland.E+W+S+N.I.

The County Court Rules Committee established by Article 46 of the M23County Courts (Northern Ireland) Order 1980 may make county court rules with respect to the service of process outside Northern Ireland and the conditions subject to which process may be so served; and accordingly in Article 48 of that Order (powers of Rules Committee), after paragraph (e) there shall be added—

(f)the service of process outside Northern Ireland, and the conditions subject to which process may be so served..

Annotations:

Marginal Citations

30 Proceedings in England and Wales or Northern Ireland for torts to immovable property.E+W+S+N.I.

(1)The jurisdiction of any court in England and Wales or Northern Ireland to entertain proceedings for trespass to, or any other tort affecting, immovable property shall extend to cases in which the property in question is situated outside that part of the United Kingdom unless the proceedings are principally concerned with a question of the title to, or the right to possession of, that property.

(2)Subsection (1) has effect subject to the 1968 Convention [F156and the Lugano Convention][F157and the Regulation] and to the provisions set out in Schedule 4.

Annotations:

Amendments (Textual)

F157Words in s. 30(2) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 13

Provisions relating to recognition and enforcement of judgmentsE+W+S+N.I.

31 Overseas judgments given against states, etc.E+W+S+N.I.

(1)A judgement given by a court of an overseas country against a state other than the United Kingdom or the state to which that court belongs shall be recognised and enforced in the United Kingdom if, and only if—

(a)it would be so recognised and enforced if it had not been given against a state; and

(b)that court would have had jurisdiction in the matter if it had applied rules corresponding to those applicable to such matters in the United Kingdom in accordance with sections 2 to 11 of the M24State Immunity Act 1978.

(2)References in subsection (1) to a judgment given against a state include references to judgments of any of the following descriptions given in relation to a state—

(a)judgments against the government, or a department of the government, of the state but not (except as mentioned in paragraph (c)) judgments against an entity which is distinct from the executive organs of government;

(b)judgments against the sovereign or head of state in his public capacity;

(c)judgments against any such separate entity as is mentioned in paragraph (a) given in proceedings relating to anything done by it in the exercise of the sovereign authority of the state.

(3)Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of a judgment to which Part I of the M25Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the M26Carriage of Goods by Road Act 1965, section 17(4) of the M27Nuclear Installations Act 1965, section [F158166(4) of the Merchant Shipping Act 1995], [F159regulation 8 of the Railways (Convention on International Carriage by Rail) Regulations 2005]F160. . . .

(4)Sections 12, 13 and 14(3) and (4) of the State Immunity Act 1978 (service of process and procedural privileges) shall apply to proceedings for the recognition or enforcement in the United Kingdom of a judgment given by a court of an overseas country (whether or not that judgment is within subsection (1) of this section) as they apply to other proceedings.

(5)In this section “state", in the case of a federal state, includes any of its constituent territories.

32 Overseas judgments given in proceedings brought in breach of agreement for settlement of disputes.E+W+S+N.I.

(1)Subject to the following provisions of this section, a judgment given by a court of an overseas country in any proceedings shall not be recognised or enforced in the United Kingdom if—

(a)the bringing of those proceedings in that court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of that country; and

(b)those proceedings were not brought in that court by, or with the agreement of, the person against whom the judgment was given; and

(c)that person did not counterclaim in the proceedings or otherwise submit to the jurisdiction of that court.

(2)Subsection (1) does not apply where the agreement referred to in paragraph (a) of that subsection was illegal, void or unenforceable or was incapable of being performed for reasons not attributable to the fault of the party bringing the proceedings in which the judgment was given.

(3)In determining whether a judgment given by a court of an overseas country should be recognised or enforced in the United Kingdom, a court in the United Kingdom shall not be bound by any decision of the overseas court relating to any of the matters mentioned in subsection (1) or (2).

(4)Nothing in subsection (1) shall affect the recognition or enforcement in the United Kingdom of—

(a)a judgment which is required to be recognised or enforced there under the 1968 Convention [F161or the Lugano Convention][F162or the Regulation][F163or the Maintenance Regulation];

(b)a judgment to which Part I of the M28Foreign Judgments (Reciprocal Enforcement) Act 1933 applies by virtue of section 4 of the M29Carriage of Goods by Road Act 1965, section 17(4) of the M30Nuclear Installations Act 1965, F164 . . . [F165regulation 8 of the Railways (Convention on International Carriage by Rail) Regulations 2005]F166. . . or [F167section 177(4) of the Merchant Shipping Act 1995].

33 Certain steps not to amount to submission to jurisdiction of overseas court.E+W+S+N.I.

(1)For the purposes of determining whether a judgment given by a court of an overseas country should be recognised or enforced in England and Wales or Northern Ireland, the person against whom the judgment was given shall not be regarded as having submitted to the jurisdiction of the court by reason only of the fact that he appeared (conditionally or otherwise) in the proceedings for all or any one or more of the following purposes, namely—

(a)to contest the jurisdiction of the court;

(b)to ask the court to dismiss or stay the proceedings on the ground that the dispute in question should be submitted to arbitration or to the determination of the courts of another country;

(c)to protect, or obtain the release of, property seized or threatened with seizure in the proceedings.

(2)Nothing in this section shall affect the recognition or enforcement in England and Wales or Northern Ireland of a judgment which is required to be recognised or enforced there under the 1968 Convention [F168or the Lugano Convention][F169or the Regulation][F170or the Maintenance Regulation].

34 Certain judgments a bar to further proceedings on the same cause of action.E+W+S+N.I.

No proceedings may be brought by a person in England and Wales or Northern Ireland on a cause of action in respect of which a judgment has been given in his favour in proceedings between the same parties, or their privies, in a court in another part of the United Kingdom or in a court of an overseas country, unless that judgment is not enforceable or entitled to recognition in England and Wales or, as the case may be, in Northern Ireland.

35 Minor amendments relating to overseas judgments.E+W+S+N.I.

(1)The M31Foreign Judgments (Reciprocal Enforcement) Act 1933 shall have effect with the amendments specified in Schedule 10, being amendments whose main purpose is to enable Part I of that Act to be applied to judgments of courts other than superior courts, to judgments providing for interim payments and to certain arbitration awards.

X4(2)For section 10 of the M32Administration of Justice Act 1920 (issue of certificates of judgments obtained in the United Kingdom) there shall be substituted—

10(1)Where—

(a)a judgement has been obtained in the High Court in England or Northern Ireland, or in the Court of Session in Scotland, against any person ; and

(b)the judgments creditor wishes to secure the enforcement of the judgement in a part of Her Majesty’s dominions outside the United Kingdom to which this Part of this Act extends,

the court shall, on an application made by the judgement creditor, issue to him a certified copy of the judgement.

(2)The reference in the preceding subsection to Her Majesty’s dominions shall be construed as if that subsection had come into force in its present form at the commencement of this Act..

X4(3)In section 14 of the M33Administration of Justice Act 1920 (extent of Part II of that Act), after subsection (2) there shall be inserted—

(3)Her Majesty may by Order in Council under this section consolidate any Orders in Council under this section which are in force when the consolidating Order is made..

Annotations:

Editorial Information

X4The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

36 Registration of maintenance orders in Northern Ireland.E+W+S+N.I.

(1)Where—

(a)a High Court order or a Court of Session order has been registered in the High Court of Justice in Northern Ireland (“the Northern Ireland High Court”) under Part II of the M34Maintenance Orders Act 1950; or

(b)a county court order, a magistrates’ court order or a sheriff court order has been registered in a court of summary jurisdiction in Northern Ireland under that Part,

an application may be made to the original court for the registration of the order in, respectively, a court of summary jurisdiction in Northern Ireland or the Northern Ireland High Court.

(2)In subsection (1) “the original court”, in relation to an order, means the court by which the order was made.

(3)Section 2 (except subsection (6A)) and section 2A of the M35Maintenance Orders Act 1958 shall have effect for the purposes of an application under subsection (1), and subsections (2), (3), (4) and (4A) of section 5 of that Act shall have effect for the purposes of the cancellation of a registration made on such an application, as if—

(a)“registration” in those provisions included registration in the appropriate Northern Ireland court (“registered” being construed accordingly);

(b)any reference in those provisions to a High Court order or a magistrates’ court order included, respectively, a Court of Session order or a sheriff court order; and

(c)any other reference in those provisions to the High Court or a magistrates’ court included the Northern Ireland High Court or a court of summary jurisdiction in Northern Ireland;

[F171(d)for section 2(6), there were substituted the following subsections—

(6)Where a magistrates’ court order is registered under this Part of this Act in the High Court, then—

(a)if payments under the magistrates’ court order are required to be made (otherwise than to a collecting officer) by any method of payment falling within Article 85(7) of the Magistrates’ Courts (Northern Ireland) Order 1981 (standing order, etc.), any order requiring payment by that method shall continue to have effect after registration;

(b)any order by virtue of which sums payable under the magistrates’ court order are required to be paid to the collecting officer (whether or not by any method of payment falling within Article 85(7) of that Order) on behalf of the person entitled thereto shall cease to have effect.

(6ZA)Where a High Court or county court order is registered under this Part of this Act in a magistrates’ court, then—

(a)if a means of payment order (within the meaning of Article 96A(7) of the Judgments Enforcement (Northern Ireland) Order 1981) has effect in relation to the order in question, it shall continue to have effect after registration; and

(b)in any other case, the magistrates’ court shall order that all payments to be made under the order in question (including any arrears accrued before registration) shall be made to the collecting officer.

(6ZB)Any such order as to payment—

(a)as is referred to in paragraph (a) of subsection (6) of this section may be revoked, suspended, revived or varied by an exercise of the powers conferred by section 13A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966; and

(b)as is referred to in paragraph (a) or (b) of subsection (6ZA) of this section may be varied or revoked by an exercise of the powers conferred by section 12(2) or 13(2A) or (5A) of that Act of 1966.

(6ZC)Where by virtue of the provisions of this section or any order under subsection (6ZA)(b) of this section payments under an order cease to be or become payable to the collecting officer, the person liable to make the payments shall, until he is given the prescribed notice to that effect, be deemed to comply with the order if he makes payments in accordance with the order and any order under subsection (6ZA)(b) of this section of which he has received such notice.

(6ZD)In subsections (6), (6ZA) and (6ZC) of this section “collecting officer” means the officer mentioned in Article 85(4) of the Magistrates’ Courts (Northern Ireland) Order 1981.]

(4)Where an order is registered in Northern Ireland under this section, Part II of the M36Maintenance and Affiliation Orders Act (Northern Ireland) 1966, except sections 11, 11A and 14(2) and (3), shall apply as if the order had been registered in accordance with the provisions of that Part [F172, as if—

(a)in section 12(2), for modifications of Article 98(8B) to (8D) of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in that subsection there were substituted the modifications specified in section 18(3ZA) of the Maintenance Orders Act 1950 (enforcement of registered orders); and

(b)for section 13(5A), there were substituted the following subsection—

“(5A)Subject to the following provisions of this section, paragraphs (4) to (11) of Article 86 of the Magistrates’ Courts (Northern Ireland) Order 1981 (power of clerk and court to vary maintenance orders) shall apply in relation to a registered order as they apply in relation to a maintenance order made by a court of summary jurisdiction (disregarding Article 25(2) of the Domestic Proceedings (Northern Ireland) Order 1980) but—

(a)as if for paragraph (4)(b) there were substituted—

(b)payments under the order are required to be made to the collecting officer, by any method of payment falling within Article 85(7) (standing order, etc.);

and as if after the words “petty sessions” there were inserted “for the petty sessions district for which the court which made the order acts”;

(b) as if in paragraph (5) for the words “to the collecting officer” there were substituted “in accordance with sub-paragraph (a) of paragraph (9)”;

(c)as if in paragraph (7), sub-paragraph (c) and the word “and” immediately preceding it were omitted;

(d)as if in paragraph (8) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (9)”;

(e)as if for paragraphs (9) and (10) there were substituted the following paragraphs—

“(9)The powers of the court are—

(a)the power to order that payments under the order be made directly to the collecting officer;

(b)the power to order that payments under the order be made to the collecting officer, by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under Part IX to secure payments under the order.

(10)In deciding which of the powers under paragraph (9) above it is to exercise, the court shall have regard to any representations made by the debtor.

(10A)Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (9) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

“(a)the court proposes to exercise its power under sub-paragraph (b) of Article 86(9).]

(5)A court of summary jurisdiction in Northern Ireland shall have jurisdiction to hear [F173an application] by or against a person residing outside Northern Ireland for the discharge or variation of an order registered in Northern Ireland under this section; and where such [F173an application] is made against a person residing outside Northern Ireland, then, if he resides in England and Wales or Scotland, section 15 of the M37Maintenance Orders Act 1950 (which relates to the service of process on persons residing in those countries) shall have effect in relation to [F173the application] as it has effect in relation to the proceedings therein mentioned.

[F174(5A)Article 165 of the Children (Northern Ireland) Order 1995 (provision which may be made by magistrates’ courts rules, etc.) shall apply for the purpose of giving effect to subsection (5) above as it applies for the purpose of giving effect to that Order, except that in the application of that Article by virtue of this subsection “relevant proceedings” means any application made, or proceedings brought, by virtue of that subsection and any part of such proceedings.]

X5(6)The enactments specified in Part III of Schedule 12 shall have effect with the amendments specified there, being amendments consequential on this section.

Annotations:

Editorial Information

X5The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Amendments (Textual)

F172S. 36(4)(a)-(e) and preceding words inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 17(b); S.R. 1996/454, art. 3

Marginal Citations

37 Minor amendments relating to maintenance orders.E+W+S+N.I.

(1)The enactments specified in Schedule 11 shall have effect with the amendments specified there, being amendments whose main purpose is as follows—

F175(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Marginal Citations

X638 Overseas judgments counteracting an award of multiple damages.E+W+S+N.I.

(1)Section 7 of the M39Protection of Trading Interests Act 1980 (which enables provision to be made by Order in Council for the enforcement in the United Kingdom on a reciprocal basis of overseas judgments directed to counteracting a judgement for multiple dammages given in the third country) shall be amended as follows.

(2)In subsection (1) for “judgements given under any provision of the law of that country corresponding to that section” there shall be substituted “ judgments of any description specified in the Order which are given under any provision of the law of that country relating to the recovery of sums paid or obtained pursuant to a judgement for multiple damages within the meaning of section 5(3) above, whether or not that provision corresponds to section 6 above ”.

(3)After subsection (1) there shall be inserted—

(1A)Such an Order in Council may, as respects judgments to which it relates—

(a)make different provisions for different descriptions of judgments ; and

(b)impose conditions or restrictions on the enforcement of judgments of any description..

Annotations:

Editorial Information

X6The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Jurisdiction, and recognition and enforcement of judgments, as between United Kingdom and certain territoriesE+W+S+N.I.

39 Application of provisions corresponding to 1968 Convention in relation to certain territories.E+W+S+N.I.

(1)Her Majesty may by Order in Council make provision corresponding to the provision made by the 1968 Convention as between the Contracting States to that Convention, with such modifications as appear to Her Majesty to be appropriate, for regulating, as between the United Kingdom and any of the territories mentioned in subsection (2), the jurisdiction of courts and the recognition and enforcement of judgments.

(2)The territories referred to in subsection (1) are—

(a)the Isle of Man;

(b)any of the Channel Islands;

[F176(c)Gibraltar;

(d)the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the M40Cyprus Act 1960).]

[F176(c)any colony.]

(3)An Order in Council under this section may contain such supplementary and incidental provisions as appear to Her Majesty to be necessary or expedient, including in particular provisions corresponding to or applying any of the provisions of Part I with such modifications as may be specified in the Order.

(4)Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Amendments (Textual)

F176S. 39(2)(c) consisting of words “any colony." substituted (1.10.1991) for s. 39(2)(c) and (d) commencing “(c) Gibraltar" by S.I. 1990/2591, art. 10

Marginal Citations

Legal aidE+W+S+N.I.

40 Power to modify enactments relating to legal aid etc.E+W+S+N.I.

F177(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F178(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X7(3)In Article 22 of the M41Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (power of Lord Chancellor to make regulations), after paragraph (4) there shall be inserted as paragraph (4A)—

(4A)Without prejudice to the preceding provisions of this Article or any other provision of this Part authorising the making of regulations, regulations may also modify the provisions of, or of any instrument having effect under, this Part (including so much of any of those provisions as specifies a sum of money) for the purposes of the application of those provisions—

(a)in cases where their modifcation appears to the Lord Chancellor necessary for the purpose of fulfilling any obligation imposed on the United Kingdom or Her Majesty’s government therein by any international agreement ; or

(b)in relation to proceedings for securing the recognition or enforcment in Northern Ireland of judgments given outside the United Kingdom for whose recognition or enforcement in the United Kingdom provision os made by any international agreement..

Annotations:

Editorial Information

X7The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Amendments (Textual)

Marginal Citations

Part VE+W+S+N.I. Supplementary and General Provisions

DomicileE+W+S+N.I.

41 Domicile of individuals.E+W+S+N.I.

(1)Subject to Article 52 (which contains provisions for determining whether a party is domiciled in a Contracting State), the following provisions of this section determine, for the purposes of the 1968 Convention F179. . . and this Act, whether an individual is domiciled in the United Kingdom or in a particular part of, or place in, the United Kingdom or in a state other than a Contracting State.

(2)An individual is domiciled in the United Kingdom if and only if—

(a)he is resident in the United Kingdom; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with the United Kingdom.

(3)Subject to subsection (5), an individual is domiciled in a particular part of the United Kingdom if and only if—

(a)he is resident in that part; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that part.

(4)An individual is domiciled in a particular place in the United Kingdom if and only if he—

(a)is domiciled in the part of the United Kingdom in which that place is situated; and

(b)is resident in that place.

(5)An individual who is domiciled in the United Kingdom but in whose case the requirements of subsection (3)(b) are not satisfied in relation to any particular part of the United Kingdom shall be treated as domiciled in the part of the United Kingdom in which he is resident.

(6)In the case of an individual who—

(a)is resident in the United Kingdom, or in a particular part of the United Kingdom; and

(b)has been so resident for the last three months or more,

the requirements of subsection (2)(b) or, as the case may be, subsection (3)(b) shall be presumed to be fulfilled unless the contrary is proved.

(7)An individual is domiciled in a state other than a Contracting State if and only if—

(a)he is resident in that state; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that state.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C23S. 41 applied (S.) (10.6.2002) by S.S.I. 2002/132, art. 2, Sch. 1 Ch. 7 Rule 7.3(3)(a) (with art. 3)

S. 41 applied (S.) (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(a)

[F18041ADomicile of individuals for the purposes of the Lugano ConventionE+W+S+N.I.

(1)Subject to Article 59 of the Lugano Convention (which contains provisions for determining whether a party is domiciled in a State bound by the Lugano Convention), the following provisions of this section determine, for the purposes of the Lugano Convention, whether an individual is domiciled in the United Kingdom or in a particular part of, or place in, the United Kingdom or in a state other than a State bound by the Lugano Convention.

(2)An individual is domiciled in the United Kingdom if and only if—

(a)he is resident in the United Kingdom; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with the United Kingdom.

(3)Subject to subsection (5), an individual is domiciled in a particular part of the United Kingdom if and only if—

(a)he is resident in that part; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that part.

(4)An individual is domiciled in a particular place in the United Kingdom if and only if he—

(a)is domiciled in the part of the United Kingdom in which that place is situated; and

(b)is resident in that place.

(5)An individual who is domiciled in the United Kingdom but in whose case the requirements of subsection (3)(b) are not satisfied in relation to any particular part of the United Kingdom shall be treated as domiciled in the part of the United Kingdom in which he is resident.

(6)In the case of an individual who—

(a)is resident in the United Kingdom, or in a particular part of the United Kingdom; and

(b)has been so resident for the last three months or more,

the requirements of subsection (2)(b) or, as the case may be, subsection (3)(b) shall be presumed to be fulfilled unless the contrary is proved.

(7)An individual is domiciled in a state other than a State bound by the Lugano Convention if and only if—

(a)he is resident in that state; and

(b)the nature and circumstances of his residence indicate that he has a substantial connection with that state.]

Annotations:

Amendments (Textual)

42 Domicile and seat of corporation or association.E+W+S+N.I.

(1)For the purposes of this Act the seat of a corporation or association (as determined by this section) shall be treated as its domicile.

(2)The following provisions of this section determine where a corporation or association has its seat—

(a)for the purpose of Article 53 (which for the purposes of the 1968 Convention F181. . . equates the domicile of such a body with its seat); and

(b)for the purposes of this Act other than the provisions mentioned in section 43(1)(b) and (c).

(3)A corporation or association has its seat in the United Kingdom if and only if—

(a)it was incorporated or formed under the law of a part of the United Kingdom and has its registered office or some other official address in the United Kingdom; or

(b)its central management and control is exercised in the United Kingdom.

(4)A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—

(a)it has its registered office or some other official address in that part; or

(b)its central management and control is exercised in that part; or

(c)it has a place of business in that part.

(5)A corporation or association has its seat in a particular place in the United Kingdom if and only if it has its seat in the part of the United Kingdom in which that place is situated and—

(a)it has its registered office or some other official address in that place; or

(b)its central management and control is exercised in that place; or

(c)it has a place of business in that place.

(6)Subject to subsection (7), a corporation or association has its seat in a state other than the United Kingdom if and only if—

(a)it was incorporated or formed under the law of that state and has its registered office or some other official address there; or

(b)its central management and control is exercised in that state.

(7)A corporation or association shall not be regarded as having its seat in a Contracting State other than the United Kingdom if it is shown that the courts of that state would not regard it as having its seat there.

(8)In this section—

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C24S. 42 applied (S.) (10.6.2002) by S.S.I. 2002/132, art. 2, Sch. 1 Ch. 7 Rule 7.3(3)(a) (with art. 3)

S. 42 applied (S.) (10.6.2002) by S.S.I. 2002/133, art. 2, Sch. 1 Ch. 8 Rule 8.3(3)(a)

43 Seat of corporation or association for purposes of Article 16(2) and related provisions.E+W+S+N.I.

(1)The following provisions of this section determine where a corporation or association has its seat for the purposes of—

(a)Article 16(2) [F182of the 1968 Convention F183. . . ] (which confers exclusive jurisdiction over proceedings relating to the formation or dissolution of such bodies, or to the decisions of their organs);

(b)[F184rules 4 and 11(b)] in Schedule 4; and

(c)[F185rules 2(l) and 5(1)(b)] in Schedule 8.

(2)A corporation or association has its seat in the United Kingdom if and only if—

(a)it was incorporated or formed under the law of a part of the United Kingdom; or

(b)its central management and control is exercised in the United Kingdom.

(3)A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and—

(a)subject to subsection (5), it was incorporated or formed under the law of that part; or

(b)being incorporated or formed under the law of a state other than the United Kingdom, its central management and control is exercised in that part.

(4)A corporation or association has its seat in a particular place in Scotland if and only if it has its seat in Scotland and—

(a)it has its registered office or some other official address in that place; or

(b)it has no registered office or other official address in Scotland, but its central management and control is exercised in that place.

(5)A corporation or association incorporated or formed under—

(a)an enactment forming part of the law of more than one part of the United Kingdom; or

(b)an instrument having effect in the domestic law of more than one part of the United Kingdom,

shall, if it has a registered office, be taken to have its seat in the part of the United Kingdom in which that office is situated, and not in any other part of the United Kingdom.

(6)Subject to subsection (7), a corporation or association has its seat in a Contracting State other than the United Kingdom if and only if—

(a)it was incorporated or formed under the law of that state; or

(b)its central management and control is exercised in that state.

(7)A corporation or association shall not be regarded as having its seat in a Contracting State other than the United Kingdom if—

(a)it has its seat in the United Kingdom by virtue of subsection (2)(a); or

(b)it is shown that the courts of that other state would not regard it for the purposes of Article 16(2) as having its seat there.

(8)In this section “official address” has the same meaning as in section 42.

[F18643ASeat of companies or other legal persons, or of associations, for the purposes of Article 22(2) of the Lugano ConventionE+W+S+N.I.

(1)The following provisions of this section determine where a company, or other legal person or an association of natural or legal persons, has its seat for the purposes of Article 22(2) of the Lugano Convention (which confers exclusive jurisdiction over proceedings relating to the validity of the constitution, the nullity or the dissolution of such bodies, or to the validity of the decisions of their organs).

(2)A company, legal person or association has its seat in the United Kingdom if and only if—

(a)it was incorporated or formed under the law of a part of the United Kingdom; or

(b)its central management and control is exercised in the United Kingdom.

(3)Subject to subsection (4), a company, legal person or association has its seat in a State bound by the Lugano Convention other than the United Kingdom if and only if—

(a)it was incorporated or formed under the law of that state; or

(b)its central management and control is exercised in that state.

(4)A company, legal person or association shall not be regarded as having its seat in a State bound by the Lugano Convention other than the United Kingdom if—

(a)it has its seat in the United Kingdom by virtue of subsection (2)(a); or

(b)it is shown that the courts of that other state would not regard it for the purposes of Article 22(2) as having its seat there.]

Annotations:

Amendments (Textual)

44 Persons deemed to be domiciled in the United Kingdom for certain purposes.E+W+S+N.I.

(1)This section applies to—

(a)proceedings within Section 3 of Title II of the 1968 Convention F187. . . (insurance contracts), and

(b)proceedings within Section 4 of [F188Title II of the 1968 Convention] (consumer contracts).

(2)A person who, for the purposes of proceedings to which this section applies arising out of the operations of a branch, agency or other establishment in the United Kingdom, is deemed for the purposes of the 1968 Convention F189. . . to be domiciled in the United Kingdom by virtue of—

(a)Article 8, second paragraph (insurers); or

(b)Article 13, second paragraph (suppliers of goods, services or credit to consumers),

shall, for the purposes of those proceedings, be treated for the purposes of this Act as so domiciled and as domiciled in the part of the United Kingdom in which the branch, agency or establishment in question is situated.

[F19044APersons deemed to be domiciled in the United Kingdom for certain purposes of the Lugano ConventionE+W+S+N.I.

(1)This section applies to—

(a)proceedings within Section 3 of Title II of the Lugano Convention (insurance contracts);

(b)proceedings within Section 4 of Title II of the Lugano Convention (consumer contracts); and

(c)proceedings within Section 5 of Title II of the Lugano Convention (employment contracts).

(2)A person who, for the purposes of proceedings to which this section applies arising out of the operations of a branch, agency or other establishment in the United Kingdom, is deemed for the purposes of the Lugano Convention to be domiciled in the United Kingdom by virtue of —

(a)Article 9(2) (insurers); or

(b)Article 15(2) (suppliers of goods, services or credit to consumers); or

(c)Article 18(2) (employers),

shall, for the purposes of those proceedings, be treated as so domiciled and as domiciled in the part of the United Kingdom in which the branch, agency or establishment in question is situated.]

Annotations:

Amendments (Textual)

45 Domicile of trusts.E+W+S+N.I.

(1)The following provisions of this section determine, for the purposes of the 1968 Convention [F191the Lugano Convention] and this Act, where a trust is domiciled.

(2)A trust is domiciled in the United Kingdom if and only if it is by virtue of subsection (3) domiciled in a part of the United Kingdom.

(3)A trust is domiciled in a part of the United Kingdom if and only if the system of law of that part is the system of law with which the trust has its closest and most real connection.

Annotations:

Amendments (Textual)

46 Domicile and seat of the Crown.E+W+S+N.I.

(1)For the purposes of this Act the seat of the Crown (as determined by this section) shall be treated as its domicile.

(2)The following provisions of this section determine where the Crown has its seat—

(a)for the purposes of the 1968 Convention [F192in which] Article 53 equates the domicile of a legal person with its seat); and

(b)for the purposes of this Act.

(3)Subject to the provisions of any Order in Council for the time being in force under subsection (4)—

(a)the Crown in right of Her Majesty’s government in the United Kingdom has its seat in every part of, and every place in, the United Kingdom;

[F193(aa)the Crown in right of the Scottish Administration has its seat in, and in every place in, Scotland;] and

(b)the Crown in right of Her Majesty’s government in Northern Ireland has its seat in, and in every place in, Northern Ireland.

(4)Her Majesty may by Order in Council provide that, in the case of proceedings of any specified description against the Crown in right of Her Majesty’s government in the United Kingdom, the Crown shall be treated for the purposes of the 1968 Convention F194. . . and this Act as having its seat in, and in every place in, a specified part of the United Kingdom and not in any other part of the United Kingdom.

(5)An Order in Council under subsection (4) may frame a description of proceedings in any way, and in particular may do so by reference to the government department or officer of the Crown against which or against whom they fall to be instituted.

(6)Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Nothing in this section applies to the Crown otherwise than in right of Her Majesty’s government in the United Kingdom [F195, the Scottish Administration] or Her Majesty’s government in Northern Ireland.

Other supplementary provisionsE+W+S+N.I.

47 Modifications occasioned by decisions of European Court as to meaning or effect of Conventions.E+W+S+N.I.

(1)Her Majesty may by Order in Council—

(a)make such provision as Her Majesty considers appropriate for the purpose of bringing the law of any part of the United Kingdom into accord with the [F196Brussels Conventions] as affected by any principle laid down by the European Court in connection with the [F196Brussels Conventions] or by any decision of that court as to the meaning or effect of any provision of the [F196Brussels Conventions]; or

(b)make such modifications of Schedule 4 or Schedule 8, or of any other statutory provision affected by any provision of either of those Schedules, as Her Majesty considers appropriate in view of any principle laid down by the European Court in connection with Title II of the 1968 Convention or of any decision of that court as to the meaning or effect of any provision of that Title.

(2)The provision which may be made by virtue of paragraph (a) of subsection (1) includes such modifications of this Act or any other statutory provision, whenever passed or made, as Her Majesty considers appropriate for the purpose mentioned in that paragraph.

(3)The modifications which may be made by virtue of paragraph (b) of subsection (1) include modifications designed to produce divergence between any provision of Schedule 4 or Schedule 8 and a corresponding provision of Title II of the 1968 Convention as affected by any such principle or decision as is mentioned in that paragraph.

(4)An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations:

Amendments (Textual)

48 Matters for which rules of court may provide.E+W+S+N.I.

(1)Rules of court may make provision for regulating the procedure to be followed in any court in connection with any provision of this Act [F197the Lugano Convention or the Brussels Conventions][F198or the Regulation][F199or the Maintenance Regulation].

(2)Rules of court may make provision as to the manner in which and the conditions subject to which a [F200 certificate or judgment—

(a)which has been registered in any court under any provision of this Act or the Regulation,

(b)which is enforceable in the United Kingdom by virtue of Section 1 of Chapter IV of the Maintenance Regulation, or

(c)which has been registered for the purposes of Section 2 of that Chapter,

may be enforced,] including provision for enabling the court or, in Northern Ireland the Enforcement of Judgments Office, subject to any conditions specified in the rules, to give directions about such matters.

(3)Without prejudice to the generality of subsections (1) and (2), the power to make rules of court for magistrates’ courts, and in Northern Ireland the power to make Judgment Enforcement Rules, shall include power to make such provision as the rule-making authority considers necessary or expedient for the purposes of the provisions of [F201the Lugano Convention, the Brussels Conventions][F202, the Regulation][F203, the Maintenance Regulation] and this Act relating to maintenance proceedings and the recognition and enforcement of maintenance orders, and shall in particular include power to make provision as to any of the following matters—

(a)authorising the service in another Contracting State [F204, Regulation State or Maintenance Regulation State] of process issued by or for the purposes of a magistrates’ court and the service and execution in England and Wales or Northern Ireland of process issued in another Contracting State [F204, Regulation State or Maintenance Regulation State];

(b)requesting courts in other parts of the United Kingdom or in other Contracting States [F205, Regulation States or Maintenance Regulation States] to take evidence there for the purposes of proceedings in England and Wales or Northern Ireland;

(c)the taking of evidence in England and Wales or Northern Ireland in response to similar requests received from such courts;

(d)the circumstances in which and the conditions subject to which any powers conferred under paragraphs (a) to (c) are to be exercised;

(e)the admission in evidence, subject to such conditions as may be prescribed in the rules, of statements contained in documents purporting to be made or authenticated by a court in another part of the United Kingdom or in another Contracting State [F206, Regulation State or Maintenance Regulation State], or by a judge or official of such a court, which purport—

(i)to set out or summarise evidence given in proceedings in that court or to be documents received in evidence in such proceedings or copies of such documents; or

(ii)to set out or summarise evidence taken for the purposes of proceedings in England and Wales or Northern Ireland, whether or not in response to any such request as is mentioned in paragraph (b); or

(iii)to record information relating to the payments made under an order of that court;

(f)the circumstances and manner in which a magistrates’ court may or must vary or revoke a maintenance order registered in that court, cancel the registration of, or refrain from enforcing, such an order or transmit such an order for enforcement in another part of the United Kingdom;

(g)the cases and manner in which courts in other parts of the United Kingdom or in other Contracting States [F207, Regulation States or Maintenance Regulation States] are to be informed of orders made, or other things done, by or for the purposes of a magistrates’ court;

(h)the circumstances and manner in which a magistrates’ court may communicate for other purposes with such courts;

(i)the giving of notice of such matters as may be prescribed in the rules to such persons as may be so prescribed and the manner in which such notice is to be given.

(4)Nothing in this section shall be taken as derogating from the generality of any power to make rules of court conferred by any other enactment.

Annotations:

Amendments (Textual)

F198Words in s. 48(1) added (25.1.2002) by S.I. 2001/3929, arts. 1(a), 4, Sch. 2 para. 17(a)

F202Words in s. 48(3) inserted (25.1.2002) by S.I. 2001/3929, arts. 1(a), 4, Sch. 2 para. 17(c)(i)

Modifications etc. (not altering text)

C25S. 48 applied (1.4.1993) by S.I. 1993/604, art. 8.

S. 48 applied (with modifications) (1.3.2002) by S.I. 2001/3928, art. 4

49 Saving for powers to stay, sist, strike out or dismiss proceedings.E+W+S+N.I.

Nothing in this Act shall prevent any court in the United Kingdom from staying, sisting, striking out or dismissing any proceedings before it, on the ground of forum non conveniens or otherwise, where to do so is not inconsistent with the 1968 Convention [F208or, as the case may be, the Lugano Convention].

Annotations:

Amendments (Textual)

GeneralE+W+S+N.I.

50 Interpretation: general.E+W+S+N.I.

In this Act, unless the context otherwise requires—

Annotations:

Amendments (Textual)

F209Definition in s. 50 substituted (1.10.1991) by S.I. 1990/2591, art. 9

F213S. 50: paragraph (a) in the definition of "court of law" substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 145, 148(1), Sch. 17 para. 23; S.I. 2009/1604, art. 2(e)

F214S. 50: definition of "Lugano Contracting State" omitted (1.1.2010) by virtue of The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 24(a) (with reg. 48)

F215S. 50: definitions of "the Maintenance Regulation" and "Maintenance Regulation State" inserted (27.5.2011) by The Civil Jurisdiction and Judgments (Maintenance) (Rules of Court) Regulations 2011 (S.I. 2011/1215), reg. 6

F216S. 50: definition of "the Regulation" inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 18

F217S. 50: definition of "Regulation State" inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 18

F218S. 50: definition of "State bound by the Lugano Convention" inserted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 24(b) (with reg. 48)

Marginal Citations

51 Application to Crown.E+W+S+N.I.

(1)This Act binds the Court.

(2)In this section and elsewhere in this Act references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.

52 Extent.E+W+S+N.I.

(1)This Act extends to Northern Ireland.

(2)Without prejudice to the power conferred by section 39, Her Majesty may by Order in Council direct that all or any of the provisions of this Act apart from that section shall extend, subject to such modifications as may be specified in the Order, to any of the following territories, that is to say—

(a)the Isle of Man;

(b)any of the Channel Islands;

[F219(c)any colony.]

Annotations:

Amendments (Textual)

F219S. 52(2)(c) substituted (1.10.1991) for s. 52(2)(c)(d) by S.I. 1990/2591, art. 10

53 Commencement, transitional provisions and savings.E+W+S+N.I.

(1)This Act shall come into force in accordance with the provisions of Part I of Schedule 13.

(2)The transitional provisions and savings contained in Part II of that Schedule shall have effect in relation to the commencement of the provisions of this Act mentioned in that Part.

Annotations:

Subordinate Legislation Made

P1Power of appointment conferred by s. 53(1) fully exercised: S.I. 1984/1553, 1986/1781, 1986/2044

X854 Repeals.E+W+S+N.I.

The enactments mentioned in Schedule 14 are hereby repealed to the extent specified in the third column of that Schedule.

Annotations:

Editorial Information

X8The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

55 Short title.E+W+S+N.I.

This Act may be cited as the Civil Jurisdiction and Judgments Act 1982.

SCHEDULES

Section 2(2)

SCHEDULE 1E+W+S+N.I. TEXT OF 1968 CONVENTION, AS AMENDED

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2E+W+S+N.I. TEXT OF 1971 PROTOCOL, AS AMENDED

E+W+S+N.I.

E+W+S+N.I.

Article 1

The Court of Justice of the European Communities shall have jurisdiction to give rulings on the interpretation of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters and of the Protocol annexed to that Convention, signed at Brussels on 27th September 1968, and also on the interpretation of the present Protocol.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the Convention of 27 September 1968 and to this Protocol.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Hellenic Republic to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention and the 1982 Convention.

The Court of Justice of the European Communities shall also have jurisdiction to give rulings on the interpretation of the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention of 27 September 1968 and to this Protocol, as adjusted by the 1978 Convention, the 1982 Convention and the 1989 Convention.

E+W+S+N.I.

Article 2

The following courts may request the Court of Justice to give preliminary rulings on questions of interpretaton—

1E+W+S+N.I.

in Belgium: la Cour de Cassation—het Hof van Cassatie and le Conseil d’État—de Raad van State,

2The courts of the Contracting States when they are sitting in an appellate capacity.E+W+S+N.I.

3In the cases provided for in Article 37 of the Convention, the courts referred to in that Article.E+W+S+N.I.

E+W+S+N.I.

Article 3

1Where a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 is raised in a case pending before one of the courts listed in point 1 of Article 2, that court shall, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.E+W+S+N.I.

2Where such a question is raised before any court referred to in point 2 or 3 of Article 2, that court may, under the conditions laid down in paragraph 1, request the Court of Justice to give a ruling thereon.E+W+S+N.I.

E+W+S+N.I.

Article 4

1The competent authority of a Contracting State may request the Court of Justice to give a ruling on a question of interpretation of the Convention or of one of the other instruments referred to in Article 1 if judgments given by courts of that State conflict with the interpretation given either by the Court of Justice or in a judgment of one of the courts of another Contracting State referred to in point 1 or 2 of Article 2. The provisions of this paragraph shall apply only to judgments which have become res judicata.E+W+S+N.I.

2The interpretation given by the Court of Justice in response to such a request shall not affect the judgments which gave rise to the request for interpretation.E+W+S+N.I.

3The Procurators-General of the Courts of Cassation of the Contracting States, or any other authority designated by a Contracting State, shall be entitled to request the Court of Justice for a ruling on interpretation in accordance with paragraph 1.E+W+S+N.I.

4The Registrar of the Court of Justice shall give notice of the request to the Contracting States, to the Commission and to the Council of the European Communities; they shall then be entitled within two months of the notification to submit statements of case or written observations to the Court.E+W+S+N.I.

5No fees shall be levied or any costs or expenses awarded in respect of the proceedings provided for in this Article.E+W+S+N.I.

E+W+S+N.I.

Article 5

1Except where this Protocol otherwise provides, the provisions of the Treaty establishing the European Economic Community and those of the Protocol on the Statute of the Court of Justice annexed thereto, which are applicable when the Court is requested to give a preliminary ruling, shall also apply to any proceedings for the interpretation of the Convention and the other instruments referred to in Article 1.E+W+S+N.I.

2The Rules of Procedure of the Court of Justice shall, if necessary, be adjusted and supplemented in accordance with Article 188 of the Treaty establishing the European Economic Community.E+W+S+N.I.

E+W+S+N.I.

Article 6

[Deleted]

E+W+S+N.I.

Article 7

This Protocol shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

E+W+S+N.I.

Article 8

This Protocol shall enter into force on the first day of the third month following the deposit of the instrument of ratification by the last signatory State to take this step; provided that it shall at the earliest enter into force at the same time as the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters.

E+W+S+N.I.

Article 9

The Contracting States recognise that any State which becomes a member of the European Economic Community, and to which Article 63 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters applies, must accept the provisions of this Protocol, subject to such adjustments as may be required.

E+W+S+N.I.

Article 10

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

(a)the deposit of each instrument of ratification;

(b)the date of entry into force of this Protocol;

(c)any designation received pursuant to Article 4(3);

(d)[Deleted]

E+W+S+N.I.

Article 11

The Contracting States shall communicate to the Secretary-General of the Council of the European Communities the texts of any provisions of their laws which necessitate an amendment to the list of courts in point 1 of Article 2.

E+W+S+N.I.

Article 12

This Protocol is concluded for an unlimited period.

E+W+S+N.I.

Article 13

Any Contracting State may request the revision of this Protocol. In this event, a revision conference shall be convened by the President of the Council of the European Communities.

E+W+S+N.I.

Article 14

This Protocol, drawn up in a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.

Section 2(2).

[F222SCHEDULE 3E+W+S+N.I. TEXT OF TITLES V AND VI OF THE ACCESSION CONVENTION, AS AMENDED

Annotations:

Amendments (Textual)

F222Sch. 3 substituted (1.10.1991) by S.I. 1990/2591, art. 12(3), Sch. 3

TITLE VE+W+S+N.I. TRANSITIONAL PROVISIONS

Article 34E+W+S+N.I.

1The 1968 Convention and the 1971 Protocol, with the amendments made by this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.E+W+S+N.I.

2However, as between the six Contracting States to the 1968 Convention, judgments given after the date of entry into force of this Convention, judgments given after the date of entry into force of this Convention in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention as amended.E+W+S+N.I.

3Moreover, as between the six Contracting States to the 1968 Convention and the three States mentioned in Article 1 of this Convention, and as between those three States, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall also be recognised and enforced in accordance with the provisions of Title III of the 1968 convention as amended if jurisdiction was founded upon rules which accorded with the provisions of Title II, as amended, or with provisions of a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.E+W+S+N.I.

Article 35E+W+S+N.I.

[Deleted]

Article 36E+W+S+N.I.

[Deleted]

TITLE VIE+W+S+N.I. FINAL PROVISIONS

Article 37E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention and of the 1971 Protocol in the Dutch, French, German and Italian languages to the Governments of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland.

The texts of the 1968 Convention and the 1971 Protocol, drawn up in the Danish, English and Irish languages, shall be annexed to this Convention. The texts drawn up in the Danish, English and Irish languages shall be authentic under the same conditions as the orginal texts of the 1968 Convention and the 1971 Protocol.

Article 38E+W+S+N.I.

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 39E+W+S+N.I.

This Convention shall enter into force, as between the States which shall have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the original Member States of the Community and one new Member State.

It shall enter into force for each new Member State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.

Article 40E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

(a)the deposit of each instrument of ratification;

(b)the dates of entry into force of this Convention for the Contracting States.

Article 41E+W+S+N.I.

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Irish and Italian languages, all seven texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.]

Section2(2).

Schedule 1E+W+S+N.I. TEXT OF 1968 CONVENTION, AS AMENDED

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2(2)

[F224SCHEDULE 3AE+W+S+N.I.TEXT OF TITLES V AND VI OF 1982 ACCESSION CONVENTION

Annotations:

Amendments (Textual)

TITLE VE+W+S+N.I.Transitional provisions

Article 12E+W+S+N.I.

1The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.E+W+S+N.I.

2However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.E+W+S+N.I.

TITLE VIE+W+S+N.I.Final Provisions

Article 13E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention in the Danish, Dutch, English, French, German, Irish and Italian languages to the Government of the Hellenic Republic.

The texts of the 1968 Convention, of the 1971 Protocol and of the 1978 Convention, drawn up in the Greek language, shall be annexed to this Convention. The texts drawn up in the Greek language shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol and the 1978 Convention.

Article 14E+W+S+N.I.

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 15E+W+S+N.I.

This Convention shall enter into force, as between the States which have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the Hellenic Republic and those States which have put into force the 1978 Convention in accordance with Article 39 of that Convention.

It shall enter into force for each Member State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.

Article 16E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of:

(a)the deposit of each instrument of ratification;

(b)the dates of entry into force of this Convention for the Contracting States.

Article 17E+W+S+N.I.

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages, all eight texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.]

Section 2(2)

[F225SCHEDULE 3BE+W+S+N.I. TEXT OF TITLES VI AND VII OF 1989 ACCESSION CONVENTION

Annotations:

Amendments (Textual)

F225Sch. 3B inserted (1.10.1991) by S.I. 1990/2591, art. 12(4), Sch. 4

TITLE VIE+W+S+N.I.TRANSITIONAL PROVISIONS

Article 29E+W+S+N.I.

1The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention, the 1982 Convention and this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.E+W+S+N.I.

2However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention, the 1982 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II of the 1968 Convention, as amended, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.E+W+S+N.I.

TITLE VIIE+W+S+N.I.FINAL PROVISIONS

Article 30E+W+S+N.I.

1The Secretary-General of the Council of the European Communities shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention and of the 1982 Convention in the Danish, Dutch, English, French, German, Greek, Irish and Italian languages to the Governments of the Kingdom of Spain and of the Portuguese Republic.E+W+S+N.I.

2The texts of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention and of the 1982 Convention, drawn up in the Portuguese and Spanish languages, are set out in Annexes II, III, IV and V to this Convention. The texts drawn up in the Portuguese and Spanish languages shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol, the 1978 Convention and the 1982 Convention.E+W+S+N.I.

Article 31E+W+S+N.I.

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Communities.

Article 32E+W+S+N.I.

1This Convention shall enter into force on the first day of the third month following the date on which two signatory States, of which one is the Kingdom of Spain or the Portuguese Republic, deposit their instruments of ratification.E+W+S+N.I.

2This Convention shall take effect in relation to any other signatory State on the first day of the third month following the deposit of its instrument of ratification.E+W+S+N.I.

Article 33E+W+S+N.I.

The Secretary-General of the Council of the European Communities shall notify the signatory States of—

(a)the deposit of each instrument of ratification;

(b)the dates of entry into force of this Convention for the Contracting States.

Article 34E+W+S+N.I.

This Convention, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages, all 10 texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities. The Secretary-General shall transmit a certified copy to the Government of each signatory State.]

[F226SCHEDULE 3BBE+W+S+N.I. TEXT OF TITLES V AND VI OF 1996 ACCESSION CONVENTION

TITLE VE+W+S+N.I. TRANSITIONAL PROVISIONS

Article 13E+W+S+N.I.

1The 1968 Convention and the 1971 Protocol, as amended by the 1978 Convention, the 1982 Convention, the 1989 Convention and by this Convention, shall apply only to legal proceedings instituted and to authentic instruments formally drawn up or registered after the entry into force of this Convention in the State of origin and, where recognition or enforcement of a judgment or authentic instrument is sought, in the State addressed.E+W+S+N.I.

2However, judgments given after the date of entry into force of this Convention between the State of origin and the State addressed in proceedings instituted before that date shall be recognised and enforced in accordance with the provisions of Title III of the 1968 Convention, as amended by the 1978 Convention, the 1982 Convention, the 1989 Convention and this Convention, if jurisdiction was founded upon rules which accorded with the provisions of Title II, as amended, of the 1968 Convention, or with the provisions of a convention which was in force between the State of origin and the State addressed when the proceedings were instituted.E+W+S+N.I.

TITLE VIE+W+S+N.I. FINAL PROVISIONS

Article 14E+W+S+N.I.

1The Secretary-General of the Council of the European Union shall transmit a certified copy of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention, of the 1982 Convention and of the 1989 Convention in the Danish, Dutch, English, German, Greek, Irish, Italian, Spanish and Portuguese languages to the Governments of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.E+W+S+N.I.

2The texts of the 1968 Convention, of the 1971 Protocol, of the 1978 Convention, of the 1982 Convention and of the 1989 Convention, drawn up in the Finnish and Swedish languages, shall be authentic under the same conditions as the other texts of the 1968 Convention, the 1971 Protocol, and 1978 Convention, the 1982 Convention and the 1989 Convention.E+W+S+N.I.

E+W+S+N.I.
E+W+S+N.I.

Article 15

This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Union.

E+W+S+N.I.

Article 16

1This Convention shall enter into force on the first day of the third month following the date on which two signatory States, one of which is the Republic of Austria, the Republic of Finland or the Kingdom of Sweden, deposit their instruments of ratification.E+W+S+N.I.

2This Convention shall produce its effects for any other signatory State on the first day of the third month following the deposit of its instrument of ratification.E+W+S+N.I.

E+W+S+N.I.

Article 17

The Secretary-General of the Council of the European Union shall notify the signatory States of:

(a)the deposit of each instrument of ratification;

(b)the dates of entry into force of this Convention for the Contracting States.

E+W+S+N.I.

Article 18

This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, all twelve texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Union. The Secretary-General shall transmit a certified copy to the Government of each signatory State.]

F227F227 [F228Schedule 3C]E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F237SCHEDULE 4E+W+S+N.I. CHAPTER II OF THE REGULATION AS MODIFIED: RULES FOR ALLOCATION OF JURISDICTION WITHIN UK

Annotations:

Amendments (Textual)

F237Sch. 4 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Modifications etc. (not altering text)

GeneralE+W+S+N.I.

F2381Subject to the rules of this Schedule, persons domiciled in a part of the United Kingdom shall be sued in the courts of that part.E+W+S+N.I.

Annotations:

Amendments (Textual)

F238Sch. 4 para. 1 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F2392Persons domiciled in a part of the United Kingdom may be sued in the courts of another part of the United Kingdom only by virtue of rules 3 to 13 of this Schedule.E+W+S+N.I.

Annotations:

Amendments (Textual)

F239Sch. 4 para. 2 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Special jurisdictionE+W+S+N.I.

F2403A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, be sued—E+W+S+N.I.

(a)in matters relating to a contract, in the courts for the place of performance of the obligation in question;

(b)F241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;

(d)as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;

(e)as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

(f)as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the part of the United Kingdom in which the trust is domiciled;

(g)as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question—

(i)has been arrested to secure such payment; or

(ii)could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage;

(h)in proceedings—

(i)concerning a debt secured on immovable property; or

(ii)which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property,

in the courts of the part of the United Kingdom in which the property is situated.

Annotations:

Amendments (Textual)

F240Sch. 4 para. 3 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F2424Proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons may, without prejudice to the other provisions of this Schedule, be brought in the courts of the part of the United Kingdom in which that company, legal person or association has its seat.E+W+S+N.I.

Annotations:

Amendments (Textual)

F242Sch. 4 para. 4 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F2435A person domiciled in a part of the United Kingdom may, in another part of the United Kingdom, also be sued—E+W+S+N.I.

(a)where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

(b)as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

(c)on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

(d)in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the part of the United Kingdom in which the property is situated.

Annotations:

Amendments (Textual)

F243Sch. 4 para. 5 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F2446Where by virtue of this Schedule a court of a part of the United Kingdom has jurisdiction in actions relating to liability arising from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that part, shall also have jurisdiction over claims for limitation of such liability.E+W+S+N.I.

Annotations:

Amendments (Textual)

F244Sch. 4 para. 6 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Jurisdiction over consumer contractsE+W+S+N.I.

F2457(1)In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this rule and rules 8 and 9, without prejudice to rule 3(e) and (h)(ii), if—E+W+S+N.I.

(a)it is a contract for the sale of goods on instalment credit terms; or

(b)it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

(c)in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled or, by any means, directs such activities to that part or to other parts of the United Kingdom including that part, and the contract falls within the scope of such activities.

(2)This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation, or to a contract of insurance.

Annotations:

Amendments (Textual)

F245Sch. 4 para. 7 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F2468(1)A consumer may bring proceedings against the other party to a contract either in the courts of the part of the United Kingdom in which that party is domiciled or in the courts of the part of the United Kingdom in which the consumer is domiciled.E+W+S+N.I.

(2)Proceedings may be brought against a consumer by the other party to the contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.

(3)The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule and rules 7 and 9, the original claim is pending.

Annotations:

Amendments (Textual)

F246Sch. 4 para. 8 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F2479The provisions of rules 7 and 8 may be departed from only by an agreement—E+W+S+N.I.

(a)which is entered into after the dispute has arisen; or

(b)which allows the consumer to bring proceedings in courts other than those indicated in those rules; or

(c)which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same part of the United Kingdom, and which confers jurisdiction on the courts of that part, provided that such an agreement is not contrary to the law of that part.

Annotations:

Amendments (Textual)

F247Sch. 4 para. 9 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Jurisdiction over individual contracts of employmentE+W+S+N.I.

F24810(1)In matters relating to individual contracts of employment, jurisdiction shall be determined by this rule, without prejudice to rule 3(e).E+W+S+N.I.

(2)An employer may be sued—

(a)in the courts of the part of the United Kingdom in which he is domiciled; or

(b)in the courts of the part of the United Kingdom where the employee habitually carries out his work or in the courts of that part where he last did so; or

(c)if the employee does not or did not habitually carry out his work in any one place, in the courts of the part of the United Kingdom where the business which engaged the employee is or was situated.

(3)An employer may bring proceedings only in the courts of the part of the United Kingdom in which the employee is domiciled.

(4)The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule, the original claim is pending.

(5)The provisions of this rule may be departed from only by an agreement on jurisdiction—

(a)which is entered into after the dispute has arisen; or

(b)which allows the employee to bring proceedings in courts other than those indicated in this rule.

Annotations:

Amendments (Textual)

F248Sch. 4 para. 10 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Exclusive jurisdictionE+W+S+N.I.

F24911The following courts shall have exclusive jurisdiction, regardless of domicile :—E+W+S+N.I.

(a)

(i)in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the part of the United Kingdom in which the property is situated;

(ii)however, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the part of the United Kingdom in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same part of the United Kingdom;

(b)in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courts of the part of the United Kingdom in which the company, legal person or association has its seat;

(c)in proceedings which have as their object the validity of entries in public registers, the courts of the part of the United Kingdom in which the register is kept;

(d)in proceedings concerned with the enforcement of judgments, the courts of the part of the United Kingdom in which the judgment has been or is to be enforced.

Annotations:

Amendments (Textual)

F249Sch. 4 para. 11 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Prorogation of jurisdictionE+W+S+N.I.

F25012(1)If the parties have agreed that a court or the courts of a part of the United Kingdom are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, and, apart from this Schedule, the agreement would be effective to confer jurisdiction under the law of that part, that court or those courts shall have jurisdiction.E+W+S+N.I.

(2)The court or courts of a part of the United Kingdom on which a trust instrument has conferred jurisdiction shall have jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

(3)Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of rule 9, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 11.

Annotations:

Amendments (Textual)

F250Sch. 4 para. 12 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F25113(1)Apart from jurisdiction derived from other provisions of this Schedule, a court of a part of the United Kingdom before which a defendant enters an appearance shall have jurisdiction.E+W+S+N.I.

(2)This rule shall not apply where appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 11.

Annotations:

Amendments (Textual)

F251Sch. 4 para. 13 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Examination as to jurisdiction and admissibilityE+W+S+N.I.

F25214Where a court of a part of the United Kingdom is seised of a claim which is principally concerned with a matter over which the courts of another part of the United Kingdom have exclusive jurisdiction by virtue of rule 11, it shall declare of its own motion that it has no jurisdiction.E+W+S+N.I.

Annotations:

Amendments (Textual)

F252Sch. 4 para. 14 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

F25315(1)Where a defendant domiciled in one part of the United Kingdom is sued in a court of another part of the United Kingdom and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Schedule.E+W+S+N.I.

(2)The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

Annotations:

Amendments (Textual)

F253Sch. 4 para. 15 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

Provisional, including protective, measuresE+W+S+N.I.

F25416Application may be made to the courts of a part of the United Kingdom for such provisional, including protective, measures as may be available under the law of that part, even if, under this Schedule, the courts of another part of the United Kingdom have jurisdiction as to the substance of the matter.]E+W+S+N.I.

Annotations:

Amendments (Textual)

F254Sch. 4 para. 16 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 4 (with transitional provisions in art. 6)

TITLE IIE+W+S+N.I. JURISDICTION

Section 1 E+W+S+N.I.General Provisions

Article 2E+W+S+N.I.
Article 3E+W+S+N.I.

Section 2 E+W+S+N.I.Special jurisdiction

Article 5E+W+S+N.I.
Article 5AE+W+S+N.I.
Article 6E+W+S+N.I.
Article 6AE+W+S+N.I.

Section 4 E+W+S+N.I.Jurisdiction over consumer contracts

Article 13E+W+S+N.I.
Article 14E+W+S+N.I.
Article 15E+W+S+N.I.

Section 5 E+W+S+N.I.Exclusive jurisdiction

Article 16E+W+S+N.I.

Section 6 E+W+S+N.I.Prorogation of jurisdiction

Article 17E+W+S+N.I.
Article 18E+W+S+N.I.

Section 7 E+W+S+N.I.Examination as to jurisdiction and admissibility

Article 19E+W+S+N.I.
Article 20E+W+S+N.I.

Section 9 E+W+S+N.I.Provisional, including protective, measures

Article 24E+W+S+N.I.

Section 17.

SCHEDULE 5E+W+S+N.I. PROCEEDINGS EXCLUDED FROM SECTION 4

Proceedings under the Companies ActsE+W+S+N.I.

1Proceedings for the winding up of a company under the [F259Insolvency Act 1986] or the [F260 Insolvency (Northern Ireland) Order 1989], or proceedings relating to a company as respects which jurisdiction is conferred on the court having winding up jurisdiction under either of those Acts.E+W+S+N.I.

Annotations:

Amendments (Textual)

F260Sch. 5: words in para. 1 substituted (1.10.1991) by S.I. 1989/2405, (N.I. 19) arts. 1(2), 381, Sch. 9 Pt. II para. 32; SR 1991/411, art.2

Patents, trade marks, designs and similar rightsE+W+S+N.I.

2Proceedings concerned with the registration or validity of patents, trade marks, designs or other similar rights required to be deposited or registered.E+W+S+N.I.

Protection of Trading Interests Act 1980E+W+S+N.I.

3Proceedings under section 6 of the M43Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).E+W+S+N.I.

Annotations:

Marginal Citations

Appeals etc. from tribunalsE+W+S+N.I.

4Proceedings on appeal from, or for review of, decisions of tribunals.E+W+S+N.I.

Maintenance and similar payments to local and other public authoritiesE+W+S+N.I.

5F261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Proceedings under certain conventions, etc.E+W+S+N.I.

6Proceedings brought in any court in pursuance of—E+W+S+N.I.

(a)any statutory provision which, in the case of any convention to which Article 57 [F262, or Article 71 of the Regulation,] applies (conventions relating to specific matters which override the general rules F263 . . .), implements the convention or makes provision with respect to jurisdiction in any field to which the convention relates; and

(b)any rule of law so far as it has the effect of implementing any such convention.

Annotations:

Amendments (Textual)

F263Words in Sch. 5 para. 6(a) omitted (25.1.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 5(b)

Certain Admiralty proceedings in ScotlandE+W+S+N.I.

7Proceedings in Scotland in an [F264admiralty action] where the jurisdiction of the Court of Session or, as the case may be, of the sheriff is based on arrestmentin remorad fundandam jurisdictionem of a ship, cargo or freight.E+W+S+N.I.

Annotations:

Amendments (Textual)

F264Words in Sch. 5 para. 7 substituted (S.) (1.7.2010) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) ss. 213, 227, {Sch. 4 para. 5(1)} (with s. 223); S.S.I. 2010/249, art. 2 (with art. 3)

Register of aircraft mortgagesE+W+S+N.I.

8Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.E+W+S+N.I.

Continental Shelf Act 1964E+W+S+N.I.

9Proceedings brought in any court in pursuance of an order under [F265section 11 of the Petroleum Act 1998].E+W+S+N.I.

Annotations:

Amendments (Textual)

[F266 Financial Services Act 1986E+W+S+N.I.

10Proceedings such as are mentioned in [F267section 415 of the Financial Services and Markets Act 2000.]]E+W+S+N.I.

Annotations:

Amendments (Textual)

Section 18.

SCHEDULE 6E+W+S+N.I. ENFORCEMENT OF U.K. JUDGMENTS (MONEY PROVISIONS)

PreliminaryE+W+S+N.I.

1In this Schedule—E+W+S+N.I.

Certificates in respect of judgmentsE+W+S+N.I.

2(1)Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any money provisions contained in a judgment may apply for a certificate under this Schedule.E+W+S+N.I.

(2)The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—

(a)in relation to a judgment within paragraph (a) of the definition of “judgment” in section 18(2), the court by which the judgment or order was given or made;

(b)in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered;

(c)in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered;

(d)in relation to a judgment within paragraph (d) of that definition, the tribunal by which the award or order was made;

(e)in relation to a judgment within paragraph (e) of that definition, the court which gave the judgment or made the order by virtue of which the award has become enforceable as mentioned in that paragraph.

3A certificate shall not be issued under this Schedule in respect of a judgment unless under the law of the part of the United Kingdom in which the judgment was given—E+W+S+N.I.

(a)either—

(i)the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or

(ii)such an appeal having been brought within that time, that appeal has been finally disposed of; and

(b)enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.

4(1)Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant a certificate in the prescribed form—E+W+S+N.I.

(a)stating the sum or aggregate of the sums (including any costs or expenses) payable under the money provisions contained in the judgment, the rate of interest, if any, payable thereon and the date or time from which any such interest began to accrue;

(b)stating that the conditions specified in paragraph 3(a) and (b) are satisfied in relation to the judgment; and

(c)containing such other particulars as may be prescribed.

(2)More than one certificate may be issued under this Schedule (simultaneously or at different times) in respect of the same judgment.

Registration of certificatesE+W+S+N.I.

5(1)Where a certificate has been issued under this Schedule in any part of the United Kingdom, any interested party may, within six months from the date of its issue, apply in the prescribed manner to the proper officer of the superior court in any other part of the United Kingdom for the certificate to be registered in that court.E+W+S+N.I.

(2)In this paragraph “superior court” means, in relation to England and Wales or Northern Ireland, the High Court and, in relation to Scotland, the Court of Session.

(3)Where an application is duly made under this paragraph to the proper officer of a superior court, he shall register the certificate in that court in the prescribed manner.

General effect of registrationE+W+S+N.I.

6(1)A certificate registered under this Schedule shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the certificate had been a judgment originally given in the registering court and had (where relevant) been entered.E+W+S+N.I.

(2)Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and the conditions subject to which a certificate registered under this Schedule may be enforced.

Costs or expensesE+W+S+N.I.

7Where a certificate is registered under this Schedule, the reasonable costs or expenses of and incidental to the obtaining of the certificate and its registration shall be recoverable as if they were costs or expenses stated in the certificate to be payable under a money provision contained in the original judgment.E+W+S+N.I.

InterestE+W+S+N.I.

8(1)Subject to any provision made under sub-paragraph (2), the debt resulting, apart from paragraph 7, from the registration of the certificate shall carry interest at the rate, if any, stated in the certificate from the date or time so stated.E+W+S+N.I.

(2)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of sub-paragraph (1) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(3)All such sums as are recoverable by virtue of paragraph 7 carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the certificate.

(4)Except as provided by this paragraph sums payable by virtue of the registration of a certificate under this Schedule shall not carry interest.

Stay or sisting of enforcement in certain casesE+W+S+N.I.

9Where a certificate in respect of a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the certificate is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the certificate, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of.E+W+S+N.I.

Cases in which registration of a certificate must or may be set asideE+W+S+N.I.

10Where a certificate has been registered under this Schedule, the registering court—E+W+S+N.I.

(a)shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule;

(b)may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment in question was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter.

Section 18.

SCHEDULE 7E+W+S+N.I. ENFORCEMENT OF U.K. JUDGMENTS (NON-MONEY PROVISIONS)

PreliminaryE+W+S+N.I.

1In this Schedule—E+W+S+N.I.

Certified copies of judgmentsE+W+S+N.I.

2(1)Any interested party who wishes to secure the enforcement in another part of the United Kingdom of any non-money provisions contained in a judgment may apply for a certified copy of the judgment.E+W+S+N.I.

(2)The application shall be made in the prescribed manner to the proper officer of the original court, that is to say—

(a)in relation to a judgment within paragraph (a) of the definition of “judgment” in section 18(2), the court by which the judgment or order was given or made;

(b)in relation to a judgment within paragraph (b) of that definition, the court in which the judgment or order is entered;

(c)in relation to a judgment within paragraph (c) of that definition, the court in whose books the document is registered;

(d)in relation to a judgment within paragraph (d) of that definition, the tribunal by which the award or order was made;

(e)in relation to a judgment within paragraph (e) of that definition, the court which gave the judgment or made the order by virtue of which the award has become enforceable as mentioned in that paragraph.

3A certified copy of a judgment shall not be issued under this Schedule unless under the law of the part of the United Kingdom in which the judgment was given—E+W+S+N.I.

(a)either—

(i)the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or

(ii)such an appeal having been brought within that time, that appeal has been finally disposed of; and

(b)enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired.

4(1)Subject to paragraph 3, on an application under paragraph 2 the proper officer shall issue to the applicant—E+W+S+N.I.

(a)a certified copy of the judgment (including any money provisions or excepted provisions which it may contain); and

(b)a certificate stating that the conditions specified in paragraph 3(a) and (b) are satisfied in relation to the judgment.

(2)In sub-paragraph (1)(a) “excepted provision” means any provision of a judgment which is excepted from the application of section 18 by subsection (5) of that section.

(3)There may be issued under this Schedule (simultaneously or at different times)—

(a)more than one certified copy of the same judgment; and

(b)more than one certificate in respect of the same judgment.

Registration of judgmentsE+W+S+N.I.

5(1)Where a certified copy of a judgment has been issued under this Schedule in any part of the United Kingdom, any interested party may apply in the prescribed manner to the superior court in any other part of the United Kingdom for the judgment to be registered in that court.E+W+S+N.I.

(2)In this paragraph “superior court” means, in relation to England and Wales or Northern Ireland, the High Court and, in relation to Scotland, the Court of Session.

(3)An application under this paragraph for the registration of a judgment must be accompanied by—

(a)a certified copy of the judgment issued under this Schedule; and

(b)a certificate issued under paragraph 4(1)(b) in respect of the judgment not more than six months before the date of the application.

(4)Subject to sub-paragraph (5), where an application under this paragraph is duly made to a superior court, the court shall order the whole of the judgment as set out in the certified copy to be registered in that court in the prescribed manner.

(5)A judgment shall not be registered under this Schedule by the superior court in any part of the United Kingdom if compliance with the non-money provisions contained in the judgment would involve a breach of the law of that part of the United Kingdom.

General effect of registrationE+W+S+N.I.

6(1)The non-money provisions contained in a judgment registered under this Schedule shall, for the purposes of their enforcement, be of the same force and effect, the registering court shall have in relation to their enforcement the same powers, and proceedings for or with respect to their enforcement may be taken, as if the judgment containing them had been originally given in the registering court and had (where relevant) been entered.E+W+S+N.I.

(2)Sub-paragraph (1) is subject to the following provisions of this Schedule and to any provision made by rules of court as to the manner in which and conditions subject to which the non-money provisions contained in a judgment registered under this Schedule may be enforced.

Costs or expensesE+W+S+N.I.

7(1)Where a judgment is registered under this Schedule, the reasonable costs or expenses of and incidental to—E+W+S+N.I.

(a)the obtaining of the certified copy of the judgment and of the necessary certificate under paragraph 4(1)(b) in respect of it; and

(b)the registration of the judgment,

shall be recoverable as if on the date of registration there had also been registered in the registering court a certificate under Schedule 6 in respect of the judgment and as if those costs or expenses were costs or expenses stated in that certificate to be payable under a money provision contained in the judgment.

(2)All such sums as are recoverable by virtue of sub-paragraph (1) shall carry interest as if they were the subject of an order for costs or expenses made by the registering court on the date of registration of the judgment.

Stay or sisting of enforcement in certain casesE+W+S+N.I.

8Where a judgment has been registered under this Schedule, the registering court may, if it is satisfied that any person against whom it is sought to enforce the judgment is entitled and intends to apply under the law of the part of the United Kingdom in which the judgment was given for any remedy which would result in the setting aside or quashing of the judgment, stay (or, in Scotland, sist) proceedings for the enforcement of the judgment, on such terms as it thinks fit, for such period as appears to the court to be reasonably sufficient to enable the application to be disposed of.E+W+S+N.I.

Cases in which registered judgment must or may be set asideE+W+S+N.I.

9Where a judgment has been registered under this Schedule, the registering court—E+W+S+N.I.

(a)shall set aside the registration if, on an application made by any interested party, it is satisfied that the registration was contrary to the provisions of this Schedule;

(b)may set aside the registration if, on an application so made, it is satisfied that the matter in dispute in the proceedings in which the judgment was given had previously been the subject of a judgment by another court or tribunal having jurisdiction in the matter.

[F268SCHEDULE 8E+W+S+N.I. RULES AS TO JURISDICTION IN SCOTLAND

Annotations:

Amendments (Textual)

F268Sch. 8 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 7

Modifications etc. (not altering text)

GeneralE+W+S+N.I.

F2691Subject to the following rules, persons shall be sued in the courts for the place where they are domiciled.E+W+S+N.I.

Annotations:

Amendments (Textual)

Special jurisdictionE+W+S+N.I.

F2702Subject to rules 3 (jurisdiction over consumer contracts), 4 (jurisdiction over individual contracts of employment), 5 (exclusive jurisdiction) and 6 (prorogation), a person may also be sued—E+W+S+N.I.

(a)where he has no fixed residence, in a court within whose jurisdiction he is personally cited;

(b)in matters relating to a contract, in the courts for the place of performance of the obligation in question;

(c)in matters relating to delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;

(d)as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seised of those proceedings to the extent that the court has jurisdiction to entertain civil proceedings;

(e)F271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

(g)in his capacity as settlor, trustee or beneficiary of a trust domiciled in Scotland created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the Court of Session, or the appropriate sheriff court within the meaning of section 24A of the Trusts (Scotland) Act 1921;

(h)where he is not domiciled in the United Kingdom, in the courts for any place where—

(i)any movable property belonging to him has been arrested; or

(ii)any immovable property in which he has any beneficial interest is situated;

(i)in proceedings which are brought to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, in the courts for the place where the property is situated;

(j)in proceedings for interdict, in the courts for the place where it is alleged that the wrong is likely to be committed;

(k)in proceedings concerning a debt secured over immovable property, in the courts for the place where the property is situated;

(l)in proceedings which have as their object a decision of an organ of a company or other legal person or of an association of natural or legal persons, in the courts for the place where that company, legal person or association has its seat;

(m)in proceedings concerning an arbitration which is conducted in Scotland or in which the procedure is governed by Scots law, in the Court of Session;

(n)in proceedings principally concerned with the registration in the United Kingdom or the validity in the United Kingdom of patents, trade marks, designs or other similar rights required to be deposited or registered, in the Court of Session;

(o)

(i)where he is one of a number of defenders, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

(ii)as a third party in an action on a warranty or guarantee or in any other third party proceedings, in the court seised of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

(iii)on a counterclaim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

(p)in matters relating to a contract, if the action may be combined with an action against the same defender in matters relating to rights in rem in immovable property, in the courts for the place where the property is situated;

(q)as regards a claim for limitation of liability arising from the use or operation of a ship, in the court having jurisdiction in the action relating to such liability.

Jurisdiction over consumer contractsE+W+S+N.I.

F2723(1)In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, subject to rule 5, jurisdiction shall be determined by this rule if—E+W+S+N.I.

(a)it is a contract for the sale of goods on instalment credit terms; or

(b)it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

(c)in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in Scotland or, by any means, directs such activities to Scotland or to several places including Scotland, and the contract falls within the scope of such activities.

(2)This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation.

(3)A consumer may bring proceedings against the other party to a contract only in—

(a)the courts for the place in which that party is domiciled;

(b)the courts for the place in which he is himself domiciled; or

(c)any court having jurisdiction by virtue of rule 2(f) or (i).

(4)Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i).

(5)The provisions of this rule shall not affect the right to bring a counterclaim in the court in which, in accordance with this rule, the original claim is pending.

(6)The provisions of this rule may be departed from only by an agreement—

(a)which is entered into after the dispute has arisen; or

(b)which allows the consumer to bring proceedings in courts other than those indicated in this rule; or

(c)which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same Regulation State, and which confers jurisdiction on the courts of that Regulation State, provided that such an agreement is not contrary to the law of that Regulation State.

Annotations:

Amendments (Textual)

Jurisdiction over individual contracts of employmentE+W+S+N.I.

F2734(1)In matters relating to individual contracts of employment, jurisdiction shall be determined by this rule, without prejudice to rule 2(f).E+W+S+N.I.

(2)An employer may be sued—

(a)in the courts for the place where he is domiciled; or

(b)in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so; or

(c)if the employee does not or did not habitually carry out his work in any one place, in the courts for the place where the business which engaged the employee is or was situated.

(3)An employer may bring proceedings only in the courts for the place in which the employee is domiciled.

(4)The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule, the original claim is pending.

(5)The provisions of this rule may be departed from only by an agreement on jurisdiction—

(a)which is entered into after the dispute has arisen; or

(b)which allows the employee to bring proceedings in courts other than those indicated in this rule.

Annotations:

Amendments (Textual)

Exclusive jurisdictionE+W+S+N.I.

F2745(1)Notwithstanding anything contained in any of rules 1 to 4 above or 6 to 9 below but subject to paragraph (3) below, the following courts shall have exclusive jurisdiction:—E+W+S+N.I.

(a)in proceedings which have as their object rights in rem in, or tenancies of, immovable property, the courts for the place where the property is situated;

(b)in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, the courts for the place where the company, legal person or association has its seat;

(c)in proceedings which have as their object the validity of entries in public registers, the courts for the place where the register is kept;

(d)in proceedings concerned with the enforcement of judgments, the courts for the place where the judgment has been or is to be enforced.

(2)No court shall exercise jurisdiction in a case where immovable property, the seat of a body mentioned in paragraph (1)(b) above, a public register or the place where a judgment has been or is to be enforced is situated outside Scotland and where paragraph (1) would apply if the property, seat, register or, as the case may be, place of enforcement were situated in Scotland.

(3)In proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts for the place in which the defender is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and tenant are domiciled in Scotland.

Annotations:

Amendments (Textual)

Prorogation of jurisdictionE+W+S+N.I.

F2756(1)If the parties have agreed that a court is to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court shall have jurisdiction.E+W+S+N.I.

(2)Such an agreement conferring jurisdiction shall be either—

(a)in writing or evidenced in writing; or

(b)in a form which accords with practices which the parties have established between themselves; or

(c)in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

(3)Any communication by electronic means which provides a durable record of the agreement shall be equivalent to “writing”.

(4)The court on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

(5)Where an agreement or a trust instrument confers jurisdiction on the courts of the United Kingdom or of Scotland, proceedings to which paragraph (1) or, as the case may be, (4) above applies may be brought in any court in Scotland.

(6)Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies.

Annotations:

Amendments (Textual)

F2767(1)Apart from jurisdiction derived from other provisions of this Schedule, a court before whom a defender enters an appearance shall have jurisdiction.E+W+S+N.I.

(2)This rule shall not apply where appearance was entered to contest jurisdiction, or where another court has exclusive jurisdiction by virtue of rule 5 or where rule 5(2) applies.

Annotations:

Amendments (Textual)

Examination as to jurisdiction and admissibilityE+W+S+N.I.

F2778Where a court is seised of a claim which is principally concerned with a matter over which another court has exclusive jurisdiction by virtue of rule 5, or where it is precluded from exercising jurisdiction by rule 5(2), it shall declare of its own motion that it has no jurisdiction.E+W+S+N.I.

Annotations:

Amendments (Textual)

F2789Where in any case a court has no jurisdiction which is compatible with this Schedule, and the defender does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction.]E+W+S+N.I.

Annotations:

Amendments (Textual)

Section 21.

SCHEDULE 9E+W+S+N.I. PROCEEDINGS EXCLUDED FROM SCHEDULE 8

1Proceedings concerning the status or legal capacity of natural persons (including proceedings for separation) other than proceedings which consist solely of proceedings F279. . . of affiliation and aliment.E+W+S+N.I.

Annotations:

Amendments (Textual)

2Proceedings for regulating the custody of children.E+W+S+N.I.

[F2802AProceedings relating to parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 or parental rights within the meaning of section 2(4) of that Act.]E+W+S+N.I.

Annotations:

Amendments (Textual)

3Proceedings relating to [F281guardianship of children] and all proceedings relating to the management of the affairs of persons who are incapable of managing their own affairs.E+W+S+N.I.

Annotations:

Amendments (Textual)

4Proceedings in respect of sequestration in bankruptcy; or the winding up of a company or other legal person; or proceedings in respect of a judicial arrangement or judicial composition with creditors.E+W+S+N.I.

5Proceedings relating to a company where, by any enactment, jurisdiction in respect of those proceedings is conferred on the court having jurisdiction to wind it up.E+W+S+N.I.

6Admiralty [F282actions] in so far as the jurisdiction is based on arrestment in rem or ad fundandam jurisdictionem of a ship, cargo or freight.E+W+S+N.I.

Annotations:

Amendments (Textual)

F282Word in Sch. 5 para. 6 substituted (S.) (1.7.2010) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) ss. 213, 227, {Sch. 4 para. 5(2)} (with s. 223); S.S.I. 2010/249, art. 2 (with art. 3)

7Commissary proceedings.E+W+S+N.I.

8Proceedings for the rectification of the register of aircraft mortgages kept by the Civil Aviation Authority.E+W+S+N.I.

9Proceedings under section 7(3) of the M44Civil Aviation (Eurocontrol) Act 1962 (recovery of charges for air navigation services and proceedings for damages against Eurocontrol).E+W+S+N.I.

Annotations:

Marginal Citations

10Proceedings brought in pursuance of an order under [F283section 11 of the Petroleum Act 1998].E+W+S+N.I.

Annotations:

Amendments (Textual)

11Proceedings under section 6 of the M45Protection of Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).E+W+S+N.I.

Annotations:

Marginal Citations

12Appeals from or review of decisions of tribunals.E+W+S+N.I.

13Proceedings which are not in substance proceedings in which a decree against any person is sought.E+W+S+N.I.

14Proceedings brought in any court in pursuance of—E+W+S+N.I.

(a)any statutory provision which, in the case of any convention to which Article 57 [F284, or Article 71 of the Regulation,] applies (conventions relating to specific matters which override the general rules F285 . . .), implements the convention; and

(b)any rule of law so far as it has the effect of implementing any such convention.

Annotations:

Amendments (Textual)

F285Words in Sch. 9 para. 14(a) omitted (25.1.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 8(b)

Section 53.

X9SCHEDULE 10E+W+S+N.I.M46AMENDMENTS OF FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933

Annotations:

Editorial Information

X9The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

1(1)Section 1 (power to extend Part I to foreign countries giving reciprocal treatment) is amended as follows.E+W+S+N.I.

(2)For subsections (1) and (2) substitute—

(1)If, in the case of any foreign country, Her Majesty is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to, or to any particular class of, judgments given in the courts of that country or in any particular class of those courts, substantial reciprocity of treatment shall be assured as regards the enforcement in that country of similar judgments given in similar courts of the United Kingdom, She may by Order in Council direct—

(a)that this Part of this Act shall extend to that country;

(b)that such courts of that country as are specified in the Order shall be recognised courts of that country for the purposes of this Part of this Act ; and

(b)that judgments of any such recognised court, or such judgments of any such class so specified, shall, if within subsection (2) of this section, be judgments to which this Part of this Act applies.

(2)Subject to subsection (2A) of this section, a judgement of a recognised court is within this subsection if it satisfies the following conditions, namely—

(a)it is either final and conclusive as between the judgement debtor and the judgement creditor or requires the former to make an interim payment to the latter ; and

(b)there is payable under it a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty ; and

(c)it is given after the coming into force of the Order in Council which made that court a recognised court.

(2A)The following judgments of a recognised court are not within subsection (2) of this section—

(a)a judgement given by that court on appeal from a court which is not a recognised court;

(b)a judgement or other instrument which is regarded for the purposes of its enforcement as a judgement of that court but which was given or made in another country ;

(c)a judgement given by that court in proceedings founded on a judgement of a court in another country and having as their object the enforcement of that judgement..

(3)After subsection (4) add—

(5)Any Order in Council made under this section before its amendment by the Civil Jurisdiction and Judgments Act 1982 which deems any court of a foreign country to be a superior court of that country for the purposes of this Part of this Act shall (without prejudice to subsection (4) of this section) have effect from the time of the amendment as if it provided for that court to be a recognised court of that country for those purposes, and for any final and conclusive judgement of that court, if within subsection (2) of this section, to be a judgement to which this Part of this Act applies..

2In section 9 (power to make foreign judgment unenforceable in United Kingdom if no reciprocity), in subsection (1) omit “superior” in both places where it occurs.E+W+S+N.I.

3For section 10 (issue of certificates of judgments obtained in the United Kingdom) substitute—E+W+S+N.I.

10 Provision for issue of copies of, and certificates in connection with, U.K. judgments.

(1)Rules may make provision for enabling any judgement creditor wishing to secure the enforcement in a foreign country to which Part I of this Act extends of a judgement to which this subsection applies, to obtain, subject to any conditions specified in the rules—

(a)a copy of the judgement; and

(b)a certificate giving particulars relating to the judgement and the proceedings in which it was given.

(2)Subsection (1) applies to any judgment given by a court or tribunal in the United Kingdom under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty.

(3)In this section “rules”—

(a)in relation to judgments given by a court, means rules of court;

(b)in relation to judgments given by any other tribunal, means rules or regulations made by the authority having power to make rules or regulations regulating to procedure of that tribunal..

4After section 10 insert—E+W+S+N.I.

10A Arbitration awards.

The provisions of this Act, except sections 1(5) and 6, shall apply, as they apply to a judgement, in relation to an award in proceedings on an arbitration which has, in pursuance of the law in force in the place where it was made, became enforceable in the same manner as a judgement given by a court in that place..

5(1)Section 1(1) (interpretation) is amended as follows.E+W+S+N.I.

(2)After the definition of “Country of the original court” insert—

Court” except in section 10 of this Act, includes a tribunal;.

(3)Omit the definition of “Judgments given in the superior courts of the United Kingdom”.

Section 37(1).

X10SCHEDULE 11E+W+S+N.I. MINOR AMENDMENTS RELATING TO MAINTENANCE ORDERS

Annotations:

Editorial Information

X10The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

PART IE+W+S+N.I. ENFORCEMENT OF LUMP SUM ORDERS

Maintenance Orders Act 1950 (c. 37)E+W+S+N.I.

1In section 18(3A) of the Maintenance Orders Act 1950 (order not to be enforced by registering court under that Act if re-registred for enforcement in another court), for “whilst it is registered” substitute “ to the extent that it is for the time being registered ”.E+W+S+N.I.

Maintenance Orders Act 1958 (c.39)E+W+S+N.I.

2(1)Section 2 of the Maintenance Orders Act 1958 (registration of orders) is amended as follows.E+W+S+N.I.

(2)In subsection (3) (registration of magistrates’ court order for enforcement in the High Court), for the words from “shall” onwards (which require the court to be satisfied that not lesss than a certain number of periodical payments are in arrears) substitute “ may, if it thinks fit, grant the application ”.

(3)After subsection (3) insert—

(3A)Without prejudice to subsection (3) of this section, where a magistrates’ court order provides both for the payment of a lump sum and for the making of periodical payments, a person entitled to receive a lump sum under the order who considers that, so far as it relates to that sum, the order could be more effectively enforced if it were registered may apply to the original court for the registration of the order so far as it so relates, and the court may, if it thinks fit, grant the application.

(3B)Where an application under subsection (3A) of this section is granted in the case of a magistrates’ court order, the provisions of this Part of this Act shall have effect in relation to that order as if so far as it relates to the payment of a lump sum it were a separate order..

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)E+W+S+N.I.

3(1)Section 11 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (registration of orders) is amended as follows.E+W+S+N.I.

(2)In subsection (3) (registration of order made by court of summary jurisdiction for enforcement in the High Court), for the words from “shall” onwards (which require the court to be satisfied that not less than a certain number of periodical payments are in arrears) substitute “ may, if it thinks fit, grant the application ”.

(3)After subsection (3) insert—

(3A)Without prejudice to subsection (3), where an order made by a court of summary jurisdiction provides for both the payment of a lump sum and for the making of periodical payments, a person entitled to receive a lump sum under the order who considers that, so far as it relates to that sum the order could be more effectively enforced if it were registred may apply to the original court for the registration of the order so far as it relates, and the court may, if it thinks fit, grant the application.

(3B)Where an application under subsection (3A) is granted in the case of an order made by a court of summary jurisdiction, the provisions of this Part shall have effect in relation to that order as if so far as it relates to the payment of a lump sum it were a separate order..

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)E+W+S+N.I.

4(1)In section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (variation and revocation of orders), after subsection (1) insert—E+W+S+N.I.

(1A)The powers conferred by subsection (1) above are not exercisable in relation to so much of a registered order as provides for the payment of a lump sum..

(2)In section 21 of that Act (interpretation of Part I)—

(a)in paragraph (a) of the definition of “maintenance order” in subsection (1) ; and

(b)in subsection (2),

for “periodical payment of sums of money” substitute “ payment of a lump sum or the making of periodical payments ”.

PART IIE+W+S+N.I. RECOVERY OF INTERESTS ON ARREARS

Maintenance Orders Act 1950 (c. 37)E+W+S+N.I.

5In section 18 of the Maintenance Orders Act 1950 (enforcement of registered orders), after subsection (1) (orders to be enforced in the same manner as orders made by the court of registration), insert—E+W+S+N.I.

(1A)A maintenance order registered under this Part of this Act in a court of summary jurisdiction in England or Northern Ireland shall not carry interest ; but where a maintenance order so registered is registered in the High Court under Part I of the Maintenance Orders Act 1958 or section 36 of the Civil Jurisdiction and Judgments Act 1982, this subsection shall not prevent any sum for whose payment the proder provides from carrying interest in accordance with section 2A of the said Act of 1958 or section 11A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(1B)A maintenance order made in Scotland which is registered under this Part of this Act in the Supreme Court in England or Northern Ireland shall, if the interest is by the law of Scotland recoverable under the order, carry the like interest in accordance with subsection (1) of this section..

Maintenance Orders Act 1958 (c.39)E+W+S+N.I.

6(1)The Maintenance Orders Act 1958 is amended as follows.E+W+S+N.I.

(2)After section 2 insert—

2A Interest on sums recoverable under certain orders registered in the High Court.

(1)Where, in connection with an application under section 2(3) of this Act for the registration of a magistrates’ court order, the applicant shows in accordance with the rules of court—

(a)that the order, though deemed for the purposes of section 1 of this Act to have been made by a magistrates’ court in England, was in fact made in another part of the United Kingdom or in a country or territory outside the United Kingdom ; and

(b)that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that part or of that country or territory, recoverable under the order from a particular date or time.

then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 2(4)(c) of this Act, it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable.

(2)The officer of the court who receives a certificate sent to him under the preceding subsection shall cause the certificate to be registered in that court together with the order to which it relates.

(3)Where an order is registered together with a certificate under this section, then , subject to any provision made under the next following subsection, sums payable under the order shall carry interest at the rate specified in the certificate from the date or time so specified.

(4)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (3) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(5)Except as provided by this section sums payable under registered orders shall not carry interest..

(3)In section 3(1) of that Act (enforcement of registered orders), after “Subject to the provisions of” insert “ section 2A of this Act and ”.

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)E+W+S+N.I.

7(1)The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.E+W+S+N.I.

(2)After section 11 insert—

11A Interest on sums recoverable under certain orders registered in the High Court.

(1)Where, in connection with an application under section 11(3) for the registration of an order made by a court of summary jurisdiction, the applicant shows in accordance with the rules of court—

(a)that the order, though deemed for the purposes of this Part to have been made by a court of summary jurisdiction in Northern Ireland, was in fact made in a country or territory outside the United Kingdom ; and

(b)that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that country or territory, recoverable under the order from a particular date or time,

then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 11(4)(c) it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable.

(2)The officer of a court who receives a certificate sent to him under subsection (1) shall cause the certificate to be registered in that court together with the order to which it relates.

(3)Where an order is registered together with a certificate under this section, then, subject to any provision made under subsection (4), sums payable under the order shall carry interest at the rate specified in the certificate from the date or the time so specified.

(4)Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (3) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(5)Except as provided by this section sums payable under registered order shall not carry interest..

(3)In section 12(1) (enforcement of registered orders), after “Subject to the provisions of” insert “ section 11A and ”.

(4)In section 16(2) of that Act (construction of “rules of court”) at the end add “ and in section 11A(4) shall be construed as including a reference to Judgement Enforcement Rules made under Article 141 of the Judgments Enforcement (Northern Ireland) Order 1981 ”.

PART IIIE+W+S+N.I. RECIPROCAL ENFORCEMENT FOUNDED ON PRESENCE OF ASSETS

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)E+W+S+N.I.

8The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as follows.E+W+S+N.I.

9In section 2 (transmission of United Kingdom order for enforcement in reciprocating country)—E+W+S+N.I.

(a)in subsections (1) and (4), after “residing” insert “ or has assets ” ; and

(b)in subsection (4), after “whereabouts of the payer”, in both places where it occurs, insert “ and the nature and location of his assets in that country ”.

10In section 6 (registration in United Kingdom of order in reciprocating country)—E+W+S+N.I.

(a)in subsection (2), after “residing” insert “ or has assets ” ; and

(b)in subsection (4)—

(i)after “is residing” insert “ or has assets ”;

(ii)for “so residing” substitute “ residing and has no assets in the jurisdiction of the court ”; and

(iii)at the end insert “ and the nature and location of his assets ”.

11In section 8(5) (duty of magistrates’ court and its officers to take prescribed steps for enforcing registered orders), after “enforcing” insert “ or facilitating the enforcment of ”.E+W+S+N.I.

12In section 9 (variation and revocation of orders), after subsection (1A) inserted by paragraph 4(1) of this Schedule, insert—E+W+S+N.I.

(1B)The registering court shall not vary or revoke a registered order if neither the payer nor the payee under the order is resident in the United Kingdom..

13(1)Section 10 (cancellation of registration and transfer of orders) is amended as follows.E+W+S+N.I.

(2)In subsection (2), for “has ceased to reside within the jurisdiction of that court,” substitute “ is not residing in the jurisdiction of that court and has no assets within that jurisdiction against which the order can be effectively enforced, ”.

(3)In subsection (3), after “residing” insert “ or has assets ”.

(4)In subsection (5), for “still residing” substitute “ residing or has assets ”.

(5)In subsection (6)—

(a)after “is residing” insert “ or has assets ”; and

(b)for “so residing” insert “ residing and has no assets within the jurisdiction of the court ”.

(6)In subsection (7)(b), after “payer” insert “ and the nature and location of his assets ”.

14In section 11(1) (steps to be taken where payer is not residing in the United Kingdom)—E+W+S+N.I.

(a)before “it appears” insert “ at any time ”;

(b)for the words from “in the United Kingdom” to “therein,” substitute “ and has no assest in the United Kingdom, ”; and

(c)after “payer” in paragraph (c) insert “ and the nature and location of his assets ”.

15In section 21(1) (interpretation of Part I), in the definition of “the appropriate court”—E+W+S+N.I.

(i)after “residing”, in the first and second places where it occurs, insert “ or having assets ”;

(ii)for “the sheriff court” substitute “ a sheriff court ”; and

(iii)after “residing”, where it last occurs, insert “ or has assets ”.